The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-09-02
READY FOR It.
Council Takes Steps to Submit
NaterwOrks Proposition.
President Street Asked to Sim
plify His Proposal.
M'FARLAND'S LETTER.
Says the Company Has Forfeited
Its Rights.
M'FARLAND'S LETTER.
Mayor Parker Is Pleased With
the Situation.


cation from Judge J. D. Mcfarland, the
city's associate council in the water
works case, decided to instruct Mayor
Parker to communicate with President
cure from him, if possible, a definite
offer to sell the water plant for $780,
O0o without any attached conditions
touching a renewal of the franchise.
If such an offer is received from
President Street, the council will, with
out doubt. vote to submit to the people
proposition to vote bonds to the ex-
tent of 100000 to purchase the plant
This action will be taken without op-
position, probably. provided the offer
of President Street is made more to the
Hiking of the councilmen.
Judge McFarlandS written opinion on
the case, comprising about ten type
written pages, gave an exhaustive re-
view of the case, and took a very radi-
cal opinion concerning the rights of the
city Mr.. Mcfarland holds that not
to do business in the city of Topeka,
but that it has also forfeited the right
to take up its pipes in the city streets,
and that the city is not obliged to pay
plant.
Mayor Parker is very well pleased
with the present status of the negotia-
tons, and said this morning:
Il believe that the water company
will make a fiat proposition to us. 7
|. can't see any reason for beating around
the bush, and trying to save legal
rights 1 don't believe that either the
dice its case by coming right out and
saying what it will do. That is not
my way of doing business. Simply be-
cause the city offers to pay $780, 900 does
not prove that we believe the plant is
worth that much, and If the company
offers to take $780, 900 it does not follow
that they do not believe their property
to be worth 100000.
IF we get an offer of $500, 900 in the
form the council wants it, believe that
the council will vote unanimously to
submit the proposition to buy at this
price to the people. The opposition to
submitting the question to the people
has all passed away
City Attorney Spencer gives it as his
opinion that the council will vote unani-
mously to submit a fiat 100000 PROPOSE
ton to the people The sentiment of
Ger. If Mr. Street will promptly signify
a willingness to take 100000 fiat for
the plant the council will give the peo-
pie chance to vote on the proposition
But if there is any more haggling or
quibbling, believe that the temper of
the council is just right to begin law
suit without bit of delay"
All of the members of the city coun-
Gil were present at the meeting last
night except Snyder and Howe. Coun-
Gilman Bergundthal was in favor of
voting to submit proposition to pay
100000 for the plant without waiting
for any further offers from President
Street, and Mayor Parker also favored
this course They held that the water
company would accept the 100000 il
it should be rendered. City Attorney
Spencer, however, spoke against this.
He held that in case the city should
vote the $780, 600 without any more def
mite agreement with President Street
| the water company might refuse to ac-
cept the offer. It is difficult to under
will CaoI1r-
ing more definite agreement with
President Street. If the city should act
upon the existing offer, and vote to pay
| 100000 the water company would. I'M
| der its present proposition, accept it.
and if the proposition to vote the bonds
| should be defeated, the council would
| have no obligation resting upon it to
renew the franchise. The city attorney
| believes that the water company might
| try to escape on the plea that the condi-
| tions of it's offer respecting a contract
| to renew the franchise were not COM
piled with.
AS a result of the conference last
( night, the waterworks question will pro-
| baby not come up at the council meet
| ing to be held this evening. Things are
| again at a standhtill, awaiting the re-
| suit of the communication between
Mayor Parker and President Street.
| Judge McFarland's opinion contains
| some statements which will be of gen
| eral interest. After reviewing the pro-
visions of the ordinance granting the
water company its franchise. and also
summarizing the laws which existed at
the time of the passage of this Ordi-
nance, Judge Mcfarland goes on to
i say:
ed grant of the of the streets and
/ public grounds of the city for the pur-
| pose of distributing water was void be-
| yond the 20-year term for the reason
| that the statute then in force limited
,fr~I,f
grant to a term not exceeding 20 years
| II am also OF the opinion that the
| provision of section attempting tC
bind the city to extend the franchise for
further term after the expiration
| of the first 20 years was void in as
| much as the power to grant was limited
| to 20 years and the statute contained ar
express provision that any contract
] granting right to erect waterworks
and lay drain pipes should not be re-
granted or renewed unless by consent
/ of a majority of the qualified voters oil
4 the city, to be ascertained at an cleo
ton held for that purpose"
4 Judge Mcfarland also holds that the
provision of the ordinance requiring the
city to buy the plant unless the fran
chise should be extended is void, for the
reason that it is correlary to the renew
al Droviso. which is void.
IF this conclusion is correct" sale
/ Judge Mcfarland in closing, the q
years having terminated no contractua
rights or obligations exist between thu
parties and the water company woult
no longer have the right to exercise tn,
franchise of furnishing the city and it.
| inha bitants with water and using tn,
streets and public grounds for the pur
pose of conveying and distributing sucl
4 water"
i Judge Mcfarland cites the case o
| State VS.. Lawrence Bridge company t
| prove that the company now has n,
| right to take its water pipes out of tn
streets, or to compel the city to pa.
for the pipes in case they are allowed t
remain. This case cited is found In
| Kansas 43c
The second part of Judge McFar
lands opinion deals with the valuation
| of the plant. The reports of the ac
pratsers who have worked on the valu