The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-07-10
CAN IT BE DONE.
Doubt About Ability of Water
Co. to Transfer.
Attorneys Carver and Austin
Say City Should Condemn.
NO DOUBT OF POWER.
Court Would Then Appoint the
Appraisers.
Dangers of Present Plan For
Fixing the Value.
NO DOUBT OF POWER.

Judge T. F. Carver. chairman of the
legal committee of the Commercial club,
and Mr.. Edwin A. Austin, the Topeka at
torney, who has particularly interested
himself IN the water works question, be-
lieve that the present water works plant
should be acquired by the city by condem-
nation proceedings. Mr.. Austin Is also a
member of the committee.
Judge Carver is of the opinion that it
would be satisfactory to proceed under
the proposed agreement provided, the ap-
praisers were appointed beforehand and
were satisfactory to the city officials.
Otherwise he is in favor of commencing
condemnation proceedings. Mr.. Austin
thinks such an agreement proposed
condemnation, on the theory that the wa
ter works company can't deliver the
Both Judge Carver and Mr.. Austin say
there is no doubt that the property can
De condemned and purchased under such
proceedings.
u think the. proposed agreement is all
right, provided the city knows who is to
act as appraisers" said Judge Carver. II
would be opposed to the city going into
the matter blindly which it would if it
an appraiser and the two appointed to
name a third A controversy would prob
ably result between the appointee of the
city and the appointee of the water COM
pany, and the third appraiser, who I UNI
would likely side with the water company.
There Is no question in my mind that the
water plant can be taken in under con-
domination proceedings Both the stat
utes of 1891 and 1897 cover the matter The
appraisers would then be appointed by the
court, and their report would be subject
to the approval of the court. 1 think all
the attorneys interested in the matter
agree that the franchise and contract ex-
pire in September, 1901, but under the law
condemnation proceedings could be COM
menced now.
Topeka doesn't want two water plants
and the litigation that would be liable to
ensue. Any way out of the difficulty is
and construct a new plant This especial
ly IS true when it is considered that the
nation
In view of the fact that the water
works people have said the city was not
attempting to deal fairly with them said
Mr. Austin, the meeting between Presi-
dent Street and the city authorities was a
good thing. I think very little of the pro-
posed agreement, because I don't believe
the water company can deliver the goods.
There are HUNDREDS of bonds scattered
broadcast, and as the agreement is not
legal matter, the signatures of the hold
ers of every one of the bonds would have
to be secured. The bonds are made out to
bearer and it would be next to impossi-
bleto secure the signature of every holder
Under condemnation proceedings the
court could advertise out all the bonds
that were not secured and for this rea-
son the entire number of signatures would
not be necessary for the transfer of the
property .9l9er ;-,,. e,os 49, oauoo..
that can see is to result in a friendly
condemnation. Representatives of the city
outside party. might get together and
agree on certain terms for the condemna-
ton of the property. They could then go
property would be condemned and sold to
the city under the provisions of their
agreement
THAT the property can be acquired by
condemnation there is absolutely no ques-
ton. However, in the first place, the cir
cult court of the United States would
have to be applied to for an order making
the receiver a party to such proceeding.
or for an alternative order, digcharging
the property from his custody. The prop
erty was sold May, 1896, to Chas. F. Street
and the sale confirmed in September, 1896;
a deed was ordered to be executed TO him
and it was so executed and recorded: he,
later, executed a deed to The Topeka
Water Company of New Jersey. which
has since mOrtgaged the property and
franchises to secure an enormous new
bond issue. Yet a receiver is continued
in possession, reporting the rentals col
lected by him and turning them over un-
der orders of the court to the water COM
pany of New Jersey There is no further
use for a receiver of the property than for
a fifth wheel to a wagon Courtesy to the
tribunal, however requires that this state
of affairs be brought to the attention of
Judge Hook. in a petition with alter
native prayer for his discharge from pos
session of the property, or leave to sue
him in condemnation proceedings.