The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-03-13
BUILD OR BUY.
Water Works Proposition Must
Soon Be Settled.
City Council Discusses the Cues
ton Informally.
rs NO WEAKENING G..
Determined That the City Shall
Own a Water Plant.
Committee to Find Out if Com
pany Will Sell.
) NO WEAKENING G..

The subject of waterworks was dis
cussed informally by the city council
last evening, and there was a strong
sentiment among the councilmen that
it would be a good idea for the city to
take steps for building a water plant
Of its own.
City Attorney Bird brought the mat
ter up just as the council was ready to
adjourn by referring to the recent de-
cisiOn of the supreme court in the
Waterworks case.
4 suppose it is not necessary" said
Mr.. Bird, for me to inform you that
the supreme court has decided against
us in the WaterWorks case, and that
the city is beaten. The court says that
when municipality grants q public
franchise to private person or corpo-
ration, that franchise becomes private
property and may be sold or mortgaged
just as the owner or owners see fit.
1T was sorry day for Kansas mu-
inequalities when that decision was rem
dered, but since the court says it is so,
it is the law, and there is no way to get
around it.
''Some time ago the water company
was very anxious to extend it's mains,
but was prevented from doing so by
resolution of this council. 1t will be
remembered that they wanted to eX-
tend to Branner school, for one place.
Since this case is settled 1 would sug-
gest that the resolution prohibiting the
y
Il would further suggest that the
mayor see that the city assessor look
up every franchise that has been
granted by the city of Topeka and
assess them If they are private prop
erty, as the supreme court says they
are, you have the same right to tax
them as you have to tax my bedstead
or other personal property"
This led to a general discussion, and
Mr. Bird was asked if the water COM
pany could be compelled to sell the
plant when the present franchise ex-
pireS in 1901.
It am not sure about that" replied
Mr. Bird. 1.-THE franchise provides for
the city's buying the plant at the end
20 years, and in case of failure to do so
it provides that the franchise shall be
extended another 20 years. Nothing is
said about terms, and how the courts
may conStrue that ordinance 1 don't
know. 1t is a very peculiar ordinance.
| believe that nearly all the members
of the council at the time it was passed
owned stock in the water company,
didn't they, Mr.. Elliott?"
All but one" replied Councilman
Elliott, and the entire council, Mr.. ELL
oft included, laughed. Mr.. Elliott was
member of the council when the fran
chiSe was granted nearly 20 years ago
"Well, gentlemen" said Councilman
Warner, 4 have not been saying much
about this Waterworks business, but 1
will say now that 1 am ready to vote
to take in this plant when the franchise
expires or next year, or build a new one
if it is necessary
Councilman Blossom: "AIr. Bird, 1
live out beyond the reach of the water
mains. I think Mr.. Warner is stu
ated the same way. Is there any way
to compel the water company to eX-
tend it's mains to US? We have been
paying water taxes for nearly 20 years
and have never had a drop of water
from the water company, and if we are
compelled to extend this franchise and
there is no way to compel the company
to extend, we will have to go on pay
ing for the next 20 years without get
ting any benefit from it"
City Attorney Bird: THAT question
was brought up when Judge Isenhart
was city attorney several years ago,
and he brought an action tG-cOmpe1 the
extension of the mains. 1t dragged
along in the courts until 1885, when
Judge Thompson, before whom it was
argued. decided that the city could
not compel the company to extend. 1t
was carried to the supreme court, but
was thrown out up there on the ground
that it ought to have been a mandamus
proceeding, and the main question at
issue was not passed on. I hardly think
the supreme court would sustain Judge
Thompson, but it might do so. The
water company has built its Is miles of
mains in the heart of the city where
it has the cream of the business, and
has put in its 300 hydrants, according
to the terms of it's franchise, and it
claims that IS all it has to do
Mr.. Blossom: rs there anything to
keep US from building a plant of our
own?'
Mr. Bird: mo; and I want to say
that the sooner we get down to that
idea the better off we will be. If we
wait until 1a11 before We make any
move the company may tie US up three
or four years in injunction suits, or
they may shut down their plant and
we will be without water entirely. The
company is going to fight US at every
step of the road
Councilman Willard: There is
bare possibility that we may go at
it on the ground that they will fight US
when as a matter of fact they may
want to get out. If I was a corpora
ton of that kind I believe should be
glad to sell. suggest that the mayor