The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-06-26
Finds That theCouncil HasActed
With Discretion.
SCHEME HAS FAILED.
Plan to Have Question Allowed
to Drag Not Favored.
Attorney Austin Says Council
May Condemn.

with the mayor and council and city at |
torney present. The waterworks people |
staid away. At the former meeting the
general sentiment seemed to be against
the construction of new plant by the
city. Last night it was decidedly diff
ferent, the consensus of opinion being
that unless a compromise could be af-
fected with the water company or ac-
ton taken for the condemnation of the
present property. the council was alto
gether justified in making arrange
ments for second water plant in this
city.
The discussion last night resulted in
bringing out the following important
facts:
That repeated efforts have been made
by the mayor and city council to meet
with representatives of the water COM
pany and discuss the question with a
view of agreeing on compromise and
that all such efforts have been fruit
less.
That recently, acting under instruc-
lions from the ways and means COM
mittee of the council, Mayor Drew pre-
sented two propositions to the represen-
tat1ves of the water company in this
city, looking to the purchase of the
present plant at once or at the expira-
ton of the franchise.
That the mayor and city council are
in favor of acquiring the present plant if
possible rather than to construct a new
| plant.
That the mayor and city council hold
that the franchise held by the water
| 1901.
That in order to carry out condemna-
ton proceedings it would be necessary
| TO have the receiver appointed by the
! United States court and retained be
cause Of litigation involving the old cor
porations, removed from actual possess
sion of the property.
That Mr.. Street, president of the wa
Ter company, is expected in Topeka
within a few days, presumably to meet
with the mayor and council.
During the day a written opinion.
dealing with the waterwOrks question
had been submitted to Secretary Ander-
son OF the Commercial club by Mr. Ed
win A. Austin, a Topeka attorney who
has given the matter much Thought
This was read at the opening of the
meeting last night, and will be found
printed in full in this issue of the State
/ journal, in accordance with a resolution
adopted by the Coramercial club
AS will be seen by reading the opinion.
| MI Austin takes the stand that the
present plant can be acquired by con-
demnat1On proceedings He also declares
that, if necessary, the civ can b1IiI5
another plant. At the close of the read
ing OF the opinion, Councilman J. s War
nef, chairman of the ways and means
committee, announced that Mr. Austin's
IDEAS corresponded with those held bv
the mayor and city council
mayor Drew said that he had gather
cd from the report of the previous dis
cussion that there was a feeling among
some of the members of the Commercials
cIub that the council had not treated
the waterworks company fairly.
recently, said he, Il was authorized
py the ways and means committee to
make these propositions to the water
company. First, that we would nav the
company the appraised value of the
n nd oil 81
PlanI ana alloW them to retain owner
snip until the expiration of the contract
-ahd want to say that we believe the
Ifanchlse expires in September. 1871
or second, that we take possession ot
the plant at once, paying the company
the appraised value with the nrofife ~
one year. No fairer propositions could
be made"
Mayor Drew went on to say that he
mad called on Mr.. O'Ne1l, the Topeka
representative of the COMPANY. and tha1
Mr.. ONei1 had stated that he wo11If
submit the propositions as made f.
CRESCENT street in New York Thai
Mr. O'Neil did go to New York. sun.
posedly for this purpose, but that since
ms return he had made no report to the
city council.
Councilman Snattinger followed Mavo-
Drew. He said: q think it would b,
absurd for the city council to wait IN
I'll the last minute. We would he ther
in the power of the water company. tn,
couIlcll is perfectly willing to treat tn
company with all fairness, and if am
representative of the water compan1
VIII meet with council, am sure every
thing will be done to agree on a com
promise But what would tbe naoD1o n
Topeka think of a council that vvo11I,
wait until the present franchise of TIL
. water company expires and then fin
that It was simply trapped. The peopI
nave declared for city Waterworl<s an,
; If we have to build a plant to get cit
, WaterwOrks we viii do If"
Mr.. Jesse Shaw of the water compan-
, was present and, was called upon b,
/ | President Holman of the club He said
; I think this is a question should no
dIscuss. There are those having chare
OF the company who are authorized +
tax for it, and 1 am not. Personally
Ihlnk there should be no reason VIII
the water company and the colnct
5 should not get together and settle tn
D seeming differences. [ say seemin
! differences because I don't believe a
Q the differences that are supposed to ex
{ ist do really exist
Mr.. John E. Frost am afraid tn
members of the council feel that tn
Commercial club is disposed to ARA
itself on the side of the water compan
as against the council This is NOT til
condition of affairs. What the cIu
: wants is information as to what is Orc
posed to do. I believe there are som
members of the club who do not believ
: the council should go ahead with tn
! construction of q new plant I Shout
{ like to hear what Mayor Drew thinks
a Mr. Austin's suggestions.
: Mayor Drew.-The council, as I III
d derstand it, is in favor of acquiring til
4 present plant if such is possible. Br
I the council is also in favor of havin
7' the city own the water works. and wi
build new plant if it is necessary
: bring this about.
Mr.. F. P. MacLennan-It seems VI
: fortunate that in all of this discussio
there has been no one here from tt
water company with authority
d talk I think the water company
# treating the Topeka council and citizeI
e CT this city with a great deal of disrl
!, spect in refusing to meet with the coul
j. ell ana discuss TINS matter AT II