The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-06-19
MUCH TALK.
Commercial Club Discusses
WaterWOrks Question.
Joab MulYane, Edward Wilder
and Others Make Speeches.

The called meeting of the Commercial
club last night for the consideration of
the waterwOrks matter resulted in an
interesting discussion Of the different
phases Of the question and an arrange
ment for joint meeting Of the club and
city authorities next Monday evening.
The meeting was fairly well attended
motion looking TO the appointment
of committee of ten to report on the
exact status OF the city and water com
pany was lost because il was the con-
sensus Of opinion that the club as a
whole should meet the ma yOr. city at
torney and the city council and discuss
the matter with them.
President Holman called upon Mr.
W h Davis 10 start the discussion at
ter the reading of the call. Mr.. Davis
said.
My thought IN having this meeting
called was to get information I under
stand some steps are being taken in the
WaterwOrks matter. and believe few
OF the citizens Of Topeka have a coneep-
tlOu OF the exact status OF affairs AS
1 understand it the waterWOrks company
IS operating. under a franchise which
gives them the privilege for a certain
length OF time, and at the end of that
/ tlthe II calls for either a renewal for 20
/ years or the purchase OF the plant If
+ am informed correctly there is a
/ movement on foot to build a new plant
and before anything definite is done in
/ this way think We should find out the
/ legal standing of our present contract
with the WaterWOrkS company. I don't
I think that the company could prevent
I the city from building a plant. but we
I don't want to get mixed up with these
/ people in a long drawn out litigation.
4 believe that We should inquire into the
I franchise and find out just exactly how
1rsrTr an -
Z the city"
Mr. Edward Wilder suggested that
] the ordinance granting the franchise TO
/ the Waterworlzs company. be read in
+ full. and this was done BY Secretary
I Anderson.
NE. d H. Scott-It seems under the
+ terms of this contract we are bound for
a period of 20 years which means two
years yet. 1 believe to go ahead at
{ this time and build a new plant would
/ be 10 pull the city into certain trouble
The men who granted this franchise
I 70 the WalerWOrks company were rep
reSentative property owners. Their ac-
ton undoubtedly ties the city up for 20
years with the understanding that an
extension must be made or the plant
purchased, except the courts should
happen to hold the franchise void.
Mr. c. H. AIatthews-Why is it con-
( tenplated to build new plant2
Mr. NJ C Holman-Bscause. I believe,
City Attorney Bird holds that the con
tract with the Waterworks company is
void and that it has no rights under
the franchise.
Mr. w H Davis-Tm afraid Mr.. Bird
viii have a hard time winning the
courts over to his belief
Mr. Chas. EIliott-The company has
had rights under the franchise for the
past IS years
Mr.. c. G. Blakely-I would like to
know if the company two years hence
could give the city d clear title TO the
plant exclusive Of tncumbrances-
Frrrr~ NJ = -rrrr v~r1f
ter for US to decide It is the other
fellows business entirely We simply
go into court and pay the, money the
court declares is due under the in
Mr.. Emmett ROudebush-I think we
/ ought to find Out-at this time, II posi-
I bic. what terms can be arranged
Mr.. c. J. Evans-I'm sorry Mr.. Bird
or some one else is not here tonight tC
explain the reasons for the move look
ing toward the building of a new plant
1 understand in a. general way that the
! reason is that there is fear that the
Taterworks company does not intend Il
act in good faith looking 10 the sale OF
the plant. There seems TO be some
: doubt as TO just when the purchase ex-
{ plreS and the method necessary to be
Z employed by the city in acquiring the
5 plant I also understand that the com
pauy refuses at this time to enter into
I any negotiation with the city Person
3 ally 1 am IN great doubt as TO the Wis
dom Of building q new plant 1t IS my
Judgment that at the END OF the p
years the franchise expires entirely. The
law as il stands now provides for con-
demnatt0n proceedings IN the district
l court. setting forth every detail Of tbs
, method of procedure The old ordinance
provides in a general way that proceed
inSs should be carried out in the distric
court, and it occurs to me that We
could act under the law as II nov
stands and at the same slime keep II
harmony with the ordinance.
. Mr.. w F. Schoch-I arm well salts
I fed that before the city viii ever b.
permitted 20 be heard in the distric
court. il viii be necessary for the cit
TO attempt to agree. with the Water
: works company on a reasonable price
. This is a matter of precedent Tn
4 question is. when should this atremp
q be made-at this time, TWCr years befOr
the expiration Of the franchise or a
the eXpirati of the franchiSe2 an
unable to find that the legislature eve
\ gave a city the right TO Condemn prop
erty for waterworzs purposes until lon
after this franchise was granted
= this property was originally c0ndemne
a Tor public use. IL constitutes anOthe
: question Of law I believe that thi
= city can build a plant of its own
It don't believe the present franchise
4 preventive of such action L think
\ would be good plan TO refer this mat
q ter TO the lawyers Of this club, with
= view of ascertainiug Just what can b
= done by the city.
. Mr. Fl. NJ Phillips-COnfictin re
3 ports are going about the city abOu
n this matter. The city Is, reported Z
: open negotiations with the waterwOrk
- company. and at the same time repre-
II SenrariVeS Of the water Company stat
j. that the company is ready to sell.
le believe a committee should be az
pointed from this club to wait on tn