The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-08-15
POORMR. SPENCER
City Attorney Says That He Is
OverWorked.
Appeals to City Council For
More Help.
ALSO WANTS MORE PAY
While Council Raised Salaries
He Was Overlooked.
Says There Is Work For An
other Good Lawyer.
ALSO WANTS MORE PAY

City Attorney Charles f. Spencer
wants more help. He says that the city
'of Topeka has outgrown its legal de-
partment, and that if the interests of
the city are properly attended to, it will
be necessary for the city to give him
more assistance.
Mr. Spencer does not make any
definite estimate OF the number of adj
dltlonal attorneys required to attend to
the business of his department, but in
Inmates III there is plenty of work for
at least o. more skilful lawyer.
Mr. Spencer also asks the council to
take note that the salary of his office
ought to be higher. The present pay
is 81, 200.
Mr.. Spencer makes his statement of
the condition of affairs in a long com
munication which he presented to the
council last night. It is an interesting
document The mayor referred it to the
committee on ways and means, and
that committee will consult with Mr..
Spencer and present a plan for a re-
organization Of the legal department of
the city.
Some of the interesting statements
which Mr. Spencer makes in his COM
munication which he expressly states
IS not a complaint or a kick are as
follows:
This statement is not adequate to the
transaction Of the legal business of the
true at this time and will be. at least,
IN the immediate future.
That the situation may be better I'M
derstood, and in the way, also, of a re-
port from my department, I present a
review or summary of the legal bust
ness of the city and more particularly
of the litigation.
At the time I became city attorney
there were about efghty-seven cases
on the dockets of the United States
circuit, kansas supreme and Shawnee
county district courts, in which the city
was an interested party OF these cases
there were two civil cases in the United
States circuit court three civil cases
and one criminal case In the supreme
court, and thirteen civil and sixty-eight
criminal cases in the district court.
About fifty of these eighty seven
cases have been disposed of.
(Here follows a list OF the cases dis
posed of
Deducting these cases disposed of
there were left of the cases on hand
when I came into office about thirty
Since then about five or six suits have
been commenced in the district court
and there is immediate prospect of
several others being begun, including
the Woodau damage case for $5, 900. One
case has since been commenced in the
supreme court 1 am unable to ascer-
tain how many appeal cases there are
which are due to go on the September
docket of the district court, but from
the best information that I can get
there will be at least fifty of such cases,
which will run the number of cases, in
which the city is involved up to about
ninety, or a little more than the num-
Der at the time that I came into office.
The most important cases in which
the city is now involved are. The case
of the Topeka Water company v. The
City of Topeka to enjoin the city from
enforcing ordinance No. 1914, passed in
1897, fixing water rates This case now
awaits the taking of testimony as to
the reasonableness Of the water rates
fixed by the ordinance; the case of Elias
Summerfield, receiver of the Topeka
Water company V. The City of Topeka
TO nj in
in which the total amount claimed.
with interest, is now over $4,000; and
the case of the Excelsior Coke q Gas
Co. v. The City of Topeka, to enjoin
the city from enforcing the recent or
dinance fixing the price of gas. These
three cases are in the federal court.
In the supreme court there is the via
duet caseS in which the city appealed
from verdict for upwards Of $4,000
damages.
And perhaps more important and
more complicated than any of these is
the case of the City of Topeka v. The
Topeka Water company to acquire the
waterworks plant, to be commenced
soon.
The taking of the testimony alone in
the water and gas rate cases, and IN
the new waterworks case, win in all
probability, occupy months of time.
I know it would be the general. if not
the unanimous opinion of the bar of
this city. that there is work enough in
the important civil cases alone in which
the city is involved, to keep one lawyer
busy, if he gave them the proper atten-
ton.
But the work involved in all of this
litigation of which I have spoken is
only a part-not more than one-half, at
least, as to time-of the work that the
city attorney is called upon to do.
What / wish to make clear is that the
city and its legal business has out
grown the provisions made by law and
by the mayor and council for the trans
action of such business. While the sal
airy as now provided by law for the city
attorney is out of proportion to the