The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-12-07
KNOCKS IT OUT.
City Attorney Spencer Decides
Against New Sewer.
Says All Council Has Done Has
Been Illegal.
NOT FOR WHOLE CITY.
Money Can Not Be Taken From
General Funds.
Friends of Project Say They
Will Not Give Up.
lot FOR WHOLE CITY.

City Attorney Spencer will report to
the council that in his opinion the pro-
posed sewer through the city park can
not be built. He will hold that the city
has no money in it's funds which can be
used for this purpose.
Today when Mr. Spencer was asked
to state whether he had given out an
opinion on the question, he said: II
have given no official opinion. / have
nothing to say for publication about
the matter / will say that / have de-
cided the matter as requested to do
the subject to any member of the coun-
Gil, or any city official, who desires to
hear it, or will give it in council meet
ing But Will not announce 1t to the
public, because there is considerable
feeling in the matter among the coun-
cflmen, and / do not want to appear
to be taking sides in the case"
From several of the councilmen who
have been told, it was learned that Mr..
Spencer has positively announced that
everything the council has done rela-
tive to the construction of the sewer is
illegal, and that if any taxpayer OBJ
jects to the building of the sewer it will
have to be stopped.
The advertisement for bids for the
construction of the sewer was published
Wednesday morning, and prospective
bidders have been calling upon the city
engineer for copies of the plans and
specifications. MIR. Spencer was asked
by one of the councilmen what the re-
suit would be of the steps already
taken by the city preparatory to con-
Structing the sewer. He told the cOun-
Gilman that there would be no result;
that as the city had no money with
which to pay for the building of the
sewer that no contractors would be
likely to submit bids, and that if they
did the city could reject all bids and
simply drop the proceedings.
City Attorney Spencer's position is
that the general improvement and gen
eral revenue funds are available solely
for purposes which pertain to the well
fare of the whole city; that no one sec
ton or portion of town can be improved
or benefited with money out of these
funds. He holds that the proposed
sewer through the city park is i'm
proyenent for the benefit of people liv-
ing in the immediate vicinity of the
park; that if the city was simply build
ing a private sewer through its own
land it could draw on the general funds
for the expense, but that where the pro-
posed sewer is five feet in diameter. it
is manifestly TO be used for the benefit
of people living in the vicinity of the
park and not for the park alone. Mr..
Spencer's position is that in order to
legally construct the proposed sewer a
benefit district will have to be created,
of which the city park will be portion,
and in which the city will pay it's
assessed share of the cost of the sewer.
w. #. Weber, who is one of the prin-
cipal hackers of the sewer, said today:
Il will not give up the fight for the
sewer because of Mr.. Spencer's adverse
opinion i am going to fight hard for
the wholesale houses which are de-
manding protection from flooded base
ments and damaged stocks. I say that
the construction of this sewer is mat
ter which concerns the whole city of
Topeka, because if it is not built the
city will have some big damage suits to
fight the next time that the Rock ISL
and depot and Parkhurst-Davis base
ments are flooded. I believe that it is
perfectly legal to take the money to
pay for this sewer out of the general
funds of the city"
There has been a very bitter fight on
the proposed sewer through the city
park, in which Councilman Swendson
of the Sixth ward and Councilman Mil
Ter of the First ward were the leaders
At the last meeting of the council, the
opposition appeared to have largely
melted away, for Mr.. Miller and Mr.
Swendson were the only members of
the council who voted against the reso-
luton authorizing that the bids be adj
vertised for.
The opponents of the proposed sewer
have maintained that they would beat
the plan sooner or later, and they are
apparently now on top Mayor Hughes
the plan from the outset. because he
felt that he owed nothing to the Second
and Fourth wards, which would be
chiefly benefited by the sewer The
Second and Fourth wards are not vio-
lent Hughes districts.
In view of the "unofficial' but very
emphatic opinion of the city attorney,
1t is likely that the prospective bidders
bids at the next council meeting. They
will want to know for sure whether or
not the city is going to pay them the
money for what they bid on