The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-03-11

AT LAST,AT LAST!
City Making Arrangements For
Purchase of Water Plant.
City Attorney Spencer Says
Deal May Be Closed Soon.
BEST PLAN OF ACTION.
Satisfied That Litigation is Not
Good For City.
Anticipated There Will Be Def
BEST PLAN OF ACTION.
Anticipated There Will Be Def
mite Word in 10 Days.
No Report on VinewoOd Park
Railway Franchise.

Negotiations are now pending be-
tween the city of Topeka and the To-
peka Water company, which may be
concluded within ten days, for the pur-
chase of the water company's plant by
the city at a price to be agreed upon,
and thus keep the case from getting
into the courts.
Information to this effect was off,
cially given to the city council at its
meeting last night by City Attorney
Spencer. 1t was not a voluntary act
on the part of the city attorney. He
was forced to divulge what was going
on to soothe the agitation of Council
discharged a heavily loaded resolution in
the direction of the city legal depart
ment.
The revelations of the city attorney as
to the secret negotiations which have
been in progress were confirmed by
Mayor Parker. 1t was Mayor Parker
who said last night:
Il think that we can promise the
council that within ten days we will
have something definite to report to the
council"
1t is not known the exact status of
the negotiations which are pending. The
general understanding is, however, that
the city has entered into correspond
ence with the eastern owners of the wa
ter plant, and has asked for the lowest
terms upon which the company win
sell out An offer in dollars and cents
is expected within a few days. Ten
days is the limit which has been set
Counciln an Swendson's resolution was
very long. 1t revived the waterworks
case almost from the date the Kansas
river was eSta bliShed down to the pres
ent time and was assailed by Council
man Weber who SarcaStically inquired
how much it would. cost to print it in
the city paper.
1T is not, necessary to have it pub
lished,'' replied Councilman. Swendson.
Il do not ask that it be published. But
the people of Topeka have been waiting
seven months for the city to do some
thing, and nothing has been DONE
Then the city attorney asked permits
sion to make a statement, which was
granted. He addressed the council in
substance as follows:
1T is perfectly proper that the city
should know what is being done in the
waterworl1s case. 1t is perfectly proper,
1 suppose, for the gentleman from the
Sixth ward, to introduce this resolution.
But it must not be supposed that be-
cause no suit has been filed. that moth
ing has been done. I have been in con-
slant consultation with the mayor ana
the waterwOrkS committee, and have
spent more time on the waterworks
case than on any other one thing which
has come into my department 1t is
true that some delay was occasioned by
a change in the administration of the
city. I felt it my duty to acquaint the
new mayor with the exact status of the
case, in order to get the benefit of his
ideas, and give him the information
which I had
There has been great deal of talk
among the people of the city. So much |
that we find two opinions being ex-
pressed very clearly on all sides. First, |
we hear people say that the waterworlks |
should be acquired now, and at a fair
49, r. IT. +
robbed; second, that the city must not |
get into any litigation if it can possibly |
be avoided. The two propositions are |
entirely inconsistent We cannot ac-
cept both theories. If we get into a |
lawsuit it is not a short affair. 1t will |
not be finished in six months, or year. !
1t may last four, or five, or six years. |
1t may go to the court of appeals, and |
even to the United States supreme |
court After consultation with the |
mayor and others, we have decided to |
try first to carry out the second idea, |
and settle the case out of court.
81 want to congratulate the legal de- |
partment and the city at large that it |
lid not follow the advice which was |
given here some months ago, and get |
this case at once into the federal !
courts. We tried to get summary de- |
cision from the district court, and as |
you know, we failed. Mr.. Mcfarland |
and 1 have long since decided exactly 1
what to do next in case it should come |
policy for me to tell you here what has |
been done so far. 1 suggest that if the I
council wants to understand exactly
low the matter stands that we take this
up in executive session. / am willing |
% explain the whole situation to any |
privately, at any time, or
am willing to tell all about it at an |
executive session of the council l hope
hat this resolution may be laid over.
think that within a short time we will
nave something to report
Councilman Snattinger made speech |
,avoring the idea that nothing should
De said in public as to the progress of
he negotiations, and the council, by de-
.isive vote, referred the Swendson reso-
ution to the consideration of some fu-
ure meeting.
PARK BOND PROPOSITION.
BY vote of to the council de-
:ided to postpone the consideration of
he park bond matter till next Monday
hight This was done al the request of
Griley, who stated that the
people of his ward were holding a mass
Meeting in the Second ward at the very
ime he was speaking, and that he did
lot know how to stand on the question
Until he should hear from that meeting.
Councilman Nichols moved to post
zone consideration for one week. Ed
ward Wilder, member of the board of
sark commissioners, made a short talk
n favor of deciding the question at
nee. The council, however, seemed toI
hink it best not to risk stirring up hos
ilities in the Second ward by precipi-
ate action. When Councilman Nichols
esolution was voted on, two members
-oted aye, and no one voted in the neg
tive.
The sentiment of the council is evil
lently in favor of the bond proposition,
nut for fear of losing votes in the Sec
nd ward, the adoption of the bond
esolution was deferred one week
NEW BOARD OF HEALTH.
Mayor Parker last night appointed
Dr.. r. z. Massey Councilman GrileY |