The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-07-20
SELECTS THE JOURNAL
City COupcilUnanimOusly Names
the State Journal
AS the Official Paper For the
Coming Year.
Other Matters Discussed by the Coun-
Gil and Disposed Of-Interesting
Debate on the Waterworks
Litigation.

Councilman Skinner rolled up his
sleeves last night and sailed into" the
water company.
He introduced a resolution calling up
on the city attorney to push the quo
warranto proceedings now pending in
the supreme court and instructing ). B.
Isenhart to commence mandamus pro-
ceedings at once. The resolution pro-
vided that Mr.. Isenhart should assist
Mr.. Bird with his case if necessary and
that Mr.. Bird should perform similar
function for Mr.. ISenhart in case that
gentleman desired his services.
The resolution struck a popular chord
but some of the councilmen thought it
reflected on the city attorney.
Councilman Morgan was the first to
object. He said:
This is about the worst move / ever
heard of. If both these suits were pend
ing at the same time, the company
would come in and demur on the
ground that another suit was pending
by the same parties and we would be
knocked out in no time. I thought we
agreed a long time ago that each de-
partment should have charge of the
work that naturally belonged to his
department, and L am not in favor of
telling City Attorney Bird what he
should do. If he wants to employ an
assistant, he has the right to do so, but
we have no business to suggest that he
should have one whether he wants him
not.
Councilman Burgess-I would like to
ask our city attorney or some of the
lawyers in the council whether these
suits would conflict?
Councilman Nettels-It seems to me
that the time is not ripe for this resolu-
ton. 1t simply encourages what we
have been trying to avOid-more 1itiga-
ton. 1 did not understand when the
company submitted the proposition for
a settlement that it would not do better.
In fact it was my belief that they
would submit another and better propO-
sitiOn when Nhey found that the first
had been rejected. This resolution
would surely prevent any AMIGA bic adj
justment of the differences and 1 do not
believe it should be Passed
Councilman Drew-We all know that
the city attorney has more work than
he can do. Mr. Isenhart has been paid
a good round sum to assist the city at
tOrney in these water company cases,
and so far he has done very little, and
if there is any way of giving him some
thing to do, 1 am in favor of it, would
be in favor of turning all the lawyers in
Topeka loose if they could succeed in
bringing the water company to time.
Councilman ElliOtt-Pretty near all
the attorneys in the city are already
turned loose on this question. They are
with very few exceptions all on one side
They have come to me and said =
John, don't you make any compro-
mise with the water company Stand up
tell you I intend to do it.
Councilman Skinner-Since am the
author of the resolution, 1 feel like say
ing word or two in my defense This
resolution was not introduced as re-
Election upon the city attorney. He
works hard and even spends some of his
Sundays in his office. But we should
leave no stone unturned to secure
speedy action in the interest of the tax
payers and the people who live in the
additions and have paid water tax for
IS or IA years without receiving any
benefits. 1t is our duty to press this in
every way form and manner. We have
fulfilled our part of the contract with
the water company and we cannot az
ford to sit down and allow this corpor-
alton to refuse to carry out its part of
the contract.
City Attorney Bird do not believe
that it would be advisa BILE to pass this
resolution. By bringing mandamus
proceeding we would recognize the
company and that would be fatal to the
proceedings in quo warrantO- L am
doing everything that can be done to
have this matter settled When came
in as city attorney two other city at
torneys had been trying for six years to
maintain an action against the water
company, and the case was not even on
file I got that case through both the
district and supreme courts within
wear, and 1 think we can have this quo
warranto case tried in the supreme
court by October.
councilman SlSpn0AlSOI1- OO AAOt OO-
lieve it would be fair to Mr.. Bird to
pass this resolution. He has been doing
everything that can be done The city
attorney before him had a case on hle
for a year, and he had not even signed
it. We are getting along all right now
and should let we'll enough alone.
Councilman Roundtree-It is evil
dent that the two suits suggested would
conflict We all want relief from the
water company, but there is a right way
and a wrong way to do things.
Councilman Nettels moved that the
resolution lay on the table. The motion
TO table was carried by the following
vote: Aye-Roundtree, Warner, Ste
r1henson. Morgan, Nettels. Nay-Bur-
CESS. Drew, Elliott, Skinner Council
man Pattison presiding and not voting.
The report of Chairman Burgess OF
the committee on ways and means re-
iecting the proposition of President
Street of the water company for set
clement of the differences with the city
was adopted unanimously.
Keeler, WEIGH & Hite submitted
communication requesting the council
to make no settlement with the water
company for 81, 1856 taxes paid in Topeka
township instead of in the city