The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-06-01
FIGHT 1T OUT.
Topeka Will Condemn Water
Plant at Once.
City Attorney Bird to Receive
Instructions.
NO MORE DELAYS.
District Court Will Be Request
ed to Appoint Appraisers.
Value of Water Supply System
to Be AScertained.
COUNCIL CAN BUY
Recent Decision of Supreme
Court Is Conclusive.
Water Company Has No Longer
Any Franchise.

Within a few days steps will be taken
to condemn the plant of the Topeka
Water company.
At the next meeting of the city cOun-
Gil City Attorney Bird will be instruct
ed to proceed with the suit which has
been in contempla ton for long time.
The question of the right of the COM
pany to do business in Topeka under it's
old franchise was before the supreme
court and, according to City Attorney
Bird, that question has been settled by
the highest judicial tribunal in the
state and the Topeka Water company
is an outlaw. The decision was on a
preliminary motion, but both Mr.. Bird
and the attorney for the water COM
pany plunged into the merits of the
case and the decision is considered con-
elusive.
City Attorney Bird said today: Il
have been ready to go on with the case
for some time. There is nothing to be
gained by waiting. The people expect
us to do something, and want to move
just as far as possible. | will begin
condemnation proceedings just as soon
the city council gives me the neces-
sary instructions"
proceed at once to condemn and acquire
the water plant. 1 understand that
City Attorney Bird considers the decis-
ion of the state supreme court as final
and the decision is that the company
has no franchise in Topeka. We have
been waiting for that decision.
Il know that the people of the city
expect US to do something, and we in
tend to go right along as fast as we
possibly can. The people have voted
for city ownership of the waterworks
and they are entitled to have some
thing done soon possible.
There is little doubt that the water
company will resist every move that is
made by the city. but L am satisfied
ric I'd fhOre
son to fear that we will not win in the
end and the city will own the water
plant as it should"
City Attorney Bird takes the position
that even If the courts should decide
that the water company franchise is
good, the city would still have the right
to go ahead and condemn the water
plant under a new law.
The movement of the city council to
condemn the water plant means that
the city intends to acquire the present
plant rather than to build a new sys-
TEN. The course which must be fol-
lowed in order to comply with the law
is to petition the district court for the
appointment of three disinterested ap
praisers who will fix the value of the
plant. The city will be compelled to
buy upon the basis fixed by these ap-
praisers. The appraisers must be COM
petent men who understand the value
of water plants.
No one believes that the water COM
pany will submit without a fight. They
will not agree to have the plant con-
denmed. This has been the experience
of every city which has wrested the
water supply system from the control
of heartless corporations.
What the water company do is only
a matter of conjecture. It is signif-
icant that the company has taken no
steps to get out of a receivers hands.
The sale was made two years ago but
the company is still in charge of a re-
ceiver. 1t is supposed that the COM
pany will attempt to hide under the
wing of the government when the city
swoops down to take charge of the wa
ter plant.
The city council has decided to no
longer recognize the company in any
way. To this end the city engineer has
been instructed to grant no more per-
mitS for extension of water mains.
City Attorney Bird holds that the coun-
ell should not give the water company
permission to make extensions for fear
of jeopardizing the interests of the city
in future law suits.
No extensions can be made unless
authorized by the city engineer SO that
the present water supply system can
not expand until the city takes posses
sion of the plant.
The condemnation proceedings which
will probably be commenced within a
week may settle the matter but if for
any reason they should fall through,
the city may still go ahead and build
a plant of its own.
The fact that the mayor and council
intend to move on the enemy will be
welcome news to the citizens of To-
peka.
yWyW