The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-01-03
A FIGHT FOR RIGHT.
The Suit of the City Against the
Waterworks
COMES UP IN COURT TOMORROW.

in the district court tomorrow, and Dosn
sides have expressed a willingness 70
proceed with the trial of the case. Inc
trial of the case will occupy all day, ana
it will be tried without jury before ).
G. Slonecker as judge pro TEN.
The case of the city of Topeka against
the Topeka Water company has been Ia
the local courts three years, but mas
never been tried The suit is one OF
more Importance to the citizens of To-
peka than any in which the city was ever
involved The suit is one to either COM
pei the water company to extend lts
mains or forfeit its charter. The council
holds and rightly that under Sec. OF the
contract with the Water Co. the city shall
pay rent on all hydrants up to 3OO. All
additional hydrants shall be put in by
the water company at its own expense,
with no charge for rent There are now
31S hydrants and the council has ordered
more in order to give the residents OF the
Martin s. Dennis addition fire protection
and water conveniences
The water company refuses to extend
its mains and prefers fighting in the
courts TO serving the public. After the
case is settled in the district court it Will
be appealed to the supreme court " here
it may be pending several years. In the
unextended. This is another case of too
much law. When corporations refuse to
abide by their contracts it should not
take ten years to compel them to do So
The evidence in the case will be al
most wholly documentary. The city en-
gineer will be called upon to testify re-
garding the city limits, the water fire
pressure and the quality of water fur
nished.
The city will be represented by City
Attorney Tillotson and his predecessor
S B. Isenhart. The defense is conduct
ed by D. w. Mulvane and Judge Douth-
lit Judge Hazen was Mr. Isenhart's
law partner at the time the case was
brought, which accounts for his declin-
ing to occupy the bench at the trial of
the case.
ANOTHER INJUSTICE TO TOPEKA.
The City deprived of the Water Works
Taxes.
The Waterworks company has man
aged to cheat the city out of its share of
the taxes on the concern. The county
commissioners have very kindly trans
ferred the assessment from the city of
Topeka to Topeka township. This means
not only that Topeka loses the tax, but
that the water company escaped with
half the amount it would have been re-
L
of assessment ii Topeka township is 21.5
mills; in Topeka it is 419 mills The
amount of tax which will be paid in
Topeka township this year will be
$2,6S7.50. If the tax had been paid in
Topeka where il should be paid, it would
have amounted to $5,593.65.
The county commissioners, however,
left $4,000 of valuation in the city so
that the city receives $335.2O in taxes
from tina water works company. The
city pays $4,000 every year for hydrant
rental for fire protection, and still the
entire value of the plant in Topeka is
only $4,000.
The county commissioners did more
for the water works company. The city
assessor placed the assessment of the
plant at $155,00O, and the county COM
missiOners, at the request of the attorneys
for the water company, whitfield this
down to $133,500 and then made the
transfer of $125,000 of the amount to To
peka township.
One of the heavy taxpayers in Topeka
in talking about the ass essment to
JOURNAL reporter, said:
ut is the most natural thing in the
world that the company should lessen its
taxes "a much as possible but that the
county commissioners should be guilty
of making the transfer. and thus COM
hitting an outrage on the city of Topeka
is most unnatural and unjust
"When the water works were sold two
years ago for $525 900. every dollars
value of the company was within the city
limits. The company then spent about
$l5,OO0 In additional improvements out
side the city, and, all at once under
the ruling of the county board, almost
the entire value of the plant is trans
ferred outside the city.
''If the mayor and city council fail to
look after this matter and hold the coun-
ty commissioners to an accounting, they
will fail to do their duty to the CITY.
The blame should fall on the county
commissioners, who have perpetrated
the outrage"
Captain Knight. chairman of the board.
says the matter of transfer of the water
works assessment from the city to the
township came up early in June and
that the board summoned County Attor-
ney Stafford for an opinion. The
opinion was given on June goth
and stated that from an examination
OF the law the water mains must be
assessed as part of the works and plant
In Topeka township. "Now don't jump
on to US" said Mr.. Knight, "but con :
denim the law which operates as an inius-
tice to Topeka. We simply did what
our legal adviser said we must do"
This is good time to change the law
then, If 1t has given Mr.. Knight and his
fellow members the opportunity to do
such an injustice to the city.
In regard to the reduction of the as
sessment the commissioners simply saw
the company showed the board the as
sessment was too high as returned by the
assessor.
The water works company claims it il
entitled under the law to just what has
been done, and cites an Iowa supreme
court decision wherein the location OF
the works carried the assessment of the
mains to the same district. although the
mains are in another township.
Sir John Thempsoa's Funeral.
HALIFAX, N. S, Jan. 3-EarIy TO-DAY
the remains OF the late Sir John Thomp-
son were removed to the catafalone ir