The Topeka state journal., 1901-09-04
He COMES HIGH.
City VIII Pay an Assistant to
Mr.. Spencer, 49, $50.
Finally Decide to Employ j. ID.
Mcfarland.
TO HELP IN TWO CASES
In WaterWorks Suit He Will
Get $2,25O.
Must Be Content With 1000
in the Gas Litigation.
G. C. Clemens Makes a State
ment About His Services.

J. ID. Mcfarland has been employed
by the city to work in the waterworks
condemnation case, and the dollar gas
suit. In the former suit he will receive
$3.50 for his services, and in the latter
81. 900.
The question of an assistant for Mr..
Spencer was discussed in an executive
session of the council last night and
the only name which was formally pre-
sented to the consideration OF the coun-
ell was that of Mr.. Mcfarland. w A
S. Bird. ex-city attorney. who had been
talked Of was not suggested. Judge
Horton was out OF the race because it
was generally understood that he would
not serve for less than $4,000. This was
more than the council wanted to pay.
Mr.. McFarland's fees viii be divided
into two parts. For prosecuting the
WaterWOrks case in the lower court he
viii get $500. If the case is taken to
the supreme court. he viii get$450 more.
In the gas case he viii receive $500 for
his services in the lower court, and $500
more if an appeal is taken to the United
States supreme court.
There was no opposition to the plan
OF hiring Mr.. Mcfarland, though some
Of the councilmen wanted to delay the
matter and get some other attorney
81 don't object to paying the price"
said one member of the council II
think we want the best we can get
But wish the council had looked a lit
tie further before closing a contract
with anyone
City Attorney. Spencer made a speech
to the council at the opening of the
executive session, in which he told of
the large number of important cases
which come under his charge. He said
that if the council would give him help
in the waterwOrks case and the gas
case, he believed he could handle the
rest.
The city has allowed Mr.. Clemens
and Mr.. Mcfarland 500 each for the
services they rendered in getting the
wateTW orl1s proceedings under way
This. with the amount which will be
expended on extra. assistants and reg
Of the legal department for this year
$3.50
CLEMENS MAKES STATEMENT
c. g. Clemens is indignant because
of an effort to make it appear that he
was a candidate for the job of helping
City Attorney Spencer in the water
works litigation. He says he would not
have accepted such employment under
any consideration, and states that on
Monday next the waterworks company
comes into possession of q new fran
chise by the mere operation of the law.
Mr.. Clemens says in a communication
10 the state Journal:
For some reason, the Capital. in two
successive issues, has seemed desirous
of making it plain that Judge McFar-
land was the city attorneys choice as
counsel in the waterWoFks case. mas
much as the public understood that
heretofore Judge Mcfarland and my
self had both been employed in the case,
this iteration that Judge Mcfarland
was Mr.. Spencer'S choice might carry
the impression that I have been beauti-
fully snubbed, and, not to put too fine a
point upon it. have been turned down. |
AS this affects my professional stand !
ing / wish to say that it takes two to
make a bargain; and that I could not
have accepted employment in the water /
works case to proceed on the plan that |
give opinion. I gave it, and still be- /
lieve in it, The council having failed to |
follow my opinion. it is now my Opin- /
ion that the city has lost the water /
works and that the company, begin |
ming next Monday. will have a ten 1
years extension by mere operation Of /
law My contract required me to assist \
in the preparation of the papers to car
ry out whatever plan the council mighc t
adopt and I think the city attorney viii +
bear me witness that, despite my own \
views which did not cease to express, I
I did my work cOnscientiously and help 4
ed materially to put the best foot fore i
most in the course to be pursued But 1
it would have been rather remarkable /
had Mr.. Spencer. knowing me as he /
does. even proposed me as counsel in i
proceedings in which I do not believe. |
I take some pride in it that bar and i
judges alike know that I cannot urge /
what I do not believe, and that I am 1
not merely a poor lawyer. but no lawyer /
at all. i'm q case 7 do not believe in. /
Above All. I am trying my best to turn 4
the head of the city administration out 4
Of Office and put Mr.. Parker In It /
would have been strange indeed had i \
been the administration choice for |
job. 6. c. CLEMENS"