The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-07-08
NOT YET READY.
Mayor Hughes Threatens to Fall
Out With City Attorney.
He Isn't Moving Fast Enough in
WaterWOrks Case
SPENCER SAYS HE CAN'T
Claims He Has More Work Than
He Can DO.
Appears to Have Been No Head
way Made in Case.
SPENCER SAYS HE CAN'T

At the melting of the council this eve
ming it is likely that City Attorney
Spencer viii be given leave of absence
from his routine duties in order that he
may devote his entire and undivided at
tention to the great bug-a-boo of the
city Of Topeka, namely, the waterworks
case.
Mr.. Spencer has been trying hard to
work on the case, and has been officially
instructed by the council TO bring SUIT
against the company il the district
court without delay.
Mayor Hughes says he is getting i'm
patient at the delay, and int1mates that
he is going to call Mr. Spencer to time
unless something is done The roast
which Mayor Hughes IS preparing IS
said to be as savage a one as he served
up to ex-City Engineer Wise when the
latter was unable to get the paving es-
Inmates ready when the mayor Wantea
them. If this attack of the mayor on
the city attorney appears on schedule
time, il will take place at the council
meeting this evening
The amount of business which has
flooded the city attorneys office recent
", it is declared, has made it impossi-
bic for him to give the attention neces-
sary to the waterworks case He mas
been obliged to conduct a large number
of cases in the district court. prepare
several opinions at the orders OF the
council meet with the various commit
tees of the council, of which by virtue
,
street railway ordinance which would
allow the railway company to pay for
its paving in ten yearly lnStallnents.
prepare bonds for the pavement ana
sidewalk contractors. and at the same
time keep in touch with the very inn
portant cases which the city has pend
ing in the federal courts Inc ponce
court business, while being nomlnaliy
in charge of Mr.. Spencer IS conducted
by his deputy, s. S UrTny, under Mr.
Spencer's supervision
80 off
Spencer. lis a legal department sum
cient to attend to its business rms city
has enough business ana business OF
such Importance, that it warrants much
more attention than it. receives under
the present arrangement 1t IS lmpossl-
BILE for one man to cover all the ground
unless he simply gives snap judgment
on things, and that IS one thlng Whleh
I never have done, and viii not Deg1n
to do now.
The attorneys for the water company
are the best and shreWdest that can De
obtained and they have for many
months been working hard on the va
terworks case There is not bit Of
doubt that they understand the city's
case much better than the city does In
view of this condition it Is not remark
able that the water company is resting
easy, and is not worried greatly by the
prospect of city ownership
The city attorney has had two long
conferences with the Waterworks CON-
uittee and the whole council. both OF
which were secret. He has explained TO
the council at these meetings his views
of the case. What action, if any, has
been taken at these conferences has
not been made public
At best, the waterworks question Is
in terrible tangle. No one seems to
know just what the city ought to do, or
when 1t ought to do it. The original wa
terworks franchise, granted in 1881. is
apparently in conflict with the law |
passed by the legislature in 1888, and !
the law passed in 1891. By virtue of
some of these acts, the district court is
given authority to fix the value Of the /
plant. provided the city wants to buy /
In other places it is provided that the |
court shall appoint commissioners to /
appraise the plant. But the question is. !
has the district court any authority 20 /
sort Of a proceeding shall be commence
ed in the court2
There is a great difference. of opinion /
as to when the time limit if there is /
any time limit, goes into effect. Some 1
lawyers hold that the city must com
menee its condemnation proceedings 4
prior to September Z. 1901. the time
when the franchise was granted. Some
think that the limit is July /. 1902 the /
time when the plant was accepted by |
the city as completed. Others say that /
after 20 years the city car
proceed to take possession of the plant
by paying a fair and equitable" price
These are some OF the problems which
the city attorney wants to study, AMI /
he says that several months time are
absolutely necessary to arrive at any
satisfactory conclusion