The Topeka state journal., 1897-11-18
WHY HAS 1T FAILED?
All the Litigation Against the
Water Company
Lawyer Isenhart Says it is Be-
cause City Attorney Bird
Has Not Tried to Win the Cases, for
Some Reason Which He Does
Not N lake Public.


BILE for a complication which is causing no
end of bad feeling between the members
of the city government, City Attorney
Bird and S. B. Isenhart. Mr. Bird and
Mr.. Isenhart are now engaged in making
legal faces at each other and the mem
bers of the council and mayor are doing
what they can TO dissipate the gathering
storm.
The trouble is the result of the old
water works suit which was decided
against the city in the supreme court
several months ago Mr.. Isenhart was
employed to assist City Attorney Bird
and he claims that the responsibility for
failure was saddled him by the city
attorney. He also claims that he gave
comfort to the enemy.
As there is another branch of the water
works case to come up in the federal
court soon, Mr. Bird again asked that
Mr. Isenhart be directed to assist him.
When the matter was laid before that
gentleman he refused fatty to appear
with Mr.. Bird in the litigation that is
pending, or any other.
4 was not employed in that case, and
I do not intend to have anything to do
with it as long as Mr.. Bird is connected
with it"
In discussing the matter, Mr.. Isenhart
said: Il shall adhere to my position with
reference to this matter. L will not ap-
pear in this case with Mr.. Bird. I am
not legally bound to do so, because was
employed to assist in trying the suit to
forfeit the franchise of the water COM
pany, and I have done that. 1 have the
most kindly feelings toward the mayor
and council. They have been kind to me
and I should not be captious about this
matter under any other circumstances.
Some of the members of the council have
spoken to me about bringing a suit in
mandamus against the water company,
and I have told them that would do it
without cent of cost to the city if Mr..
Bird is not in it, but do not propose to
work with him."
The era OF. bad feeling commenced while
the water works case was being prepared
for the supreme court. Mr.. Bird did not
turn his hand,' said he, land L came to
think that he was in favor of the water
company. He would go to the opposing
attorneys and talk to them about me, and
L heard every word of it. When it came
to writing the brief Mr. Bird left it all
to me. He did not turn his hand to it,
and when the time for the second brief
came 1 wrote that also.
Mr.. Bird has spent a good deal of time
going to New York after evidence, and
let him try the case. He is not going to
my shoulders if he is beaten. He will
have to bear it himself, far as 1 am
concerned
Mr.. Isenhart charges openly that Mr..
Bird is working in the interests of the
water company. He says that his
tions do not indicate that he is in the
fight with his whole soul, and he says
that several of the councilmen have com
municated to him similar suspicious.
Mr. T2fr1 WAS SppD 4n was free dis
cuss the affair, but said that he cherished
no i'll feelings toward Mr.. Isenhart-
1.-The reason wanted him in that suit"
said he, was because the litigation start
ed when he was city attorney, and 1 un-
derstood that his contract with the city
requires him to appear in all litigation
with the water company.
IF Mr.. Isenhart refuses to appear,
shall do my best without him. I have
had no difficulty whatever with him or
the council in this matter. My trips to
New York were made to secure evidence
in the quo warranto case now pending in
the supreme court. I have advised the
council that the mandamus proceedings
should not be brought until the quo war
ranto proceedings are disposed Of
The city council is impatient to have the
mandamus suit commenced The council
men who voted against the compromise
with the water company are anxious to
have something done which viii satisfy
the people who criticised them for refus-
ing to settle the controversy.
The question of directing Mr.. Isenhart
to bring mandamus proceedings instead
of City Attorney Bird has been discussed
at an executive meeting, but no action
was taken. That step would mean that
the council has no confidence in the city
attorney, and the members will probably
hesitate some time before taking the
step.
Mayor Fellows was seen, but refused to
discuss the trouble. He admitted. how
ever, that there had been some talk of
employing Mr.. 1senhart to bring the man
damus proceedings.
SPAIN,S AUTONOMY Plan.