The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-03-28
A DEAD SECRET.
Council Goes Into Executive
Session on Water.
Attorneys Claim Company Here
by Sufferance.
ITO BUY OR NOT TO BUY
TOpeka Still Drinking the Pure
Corporation Article.
Efforts Toward Making Water
Free or Nearer So.

been a sort of cOncenSuS OF Oplnloh liiseI
the city, in a pinch. could afford to pay
somewhere from 100000 to 100000 for
he present waterworks conpanys
plant. equipment. good will, etc, but
that in event of a failure to agree steps
might be taken at once to build new
plant
The waterworks company is said to be
willing to accept $780, 900. The majority
of the council seem to be In FAVOR OF
100000 if we have to. pay that Tor II, OF
for less if we can drive bargain thae
way. -
OF course. if the city council will per
sist in holding secret meetings TO ms
cuss important affairs of the cltlzens, IL
is very difficult for this paper 10 secure
accurate and reliable Information upon
heir doings We are simply compelled
with careful research to get the pest
possible news and Information we can;
OF course, if we have been imposed
,1pon by cur informants OF have unln-
tentionally misrepresented any VINO
We're under the cloak of secrecy last eF-
ening, they are at liberty 10 use oII
columns in making tomorrow any FRANK
and omen statements which may nave
been denied US today
Efforts are being made by the coun-
ell TO keep the proceedings OF the meet
ing a secret. and these efforts have to
a great extent been successful. Inc
object of this secrecy is said to De Tor
the purpose of enabling the attorneys
for the city ana Tor the water COMPANY
to get together and agree that the pres
ent negotiations shall be allowed to
proceed without prejud1clng the pos
sible litigation provided the city makes
an offer and the offer is rejected.
At the secret meeting last night the
attorneys representing the city were
authorized to confer with the attorneys
for the water company, and arrive at
an understanding in the matter.
The attorneys for the city told the
council last night that in their opinion
the Topeka Water companys FRANCHISE
has expired, and that the company mas
no legal right to be doing business IN
Topeka at the present time.
The attorneys for the waterworks
company, of course, claim that they are
secure in their position in Topeka. and
that the city must buy their plant, but
declining to do this. the franchise
would extend itself; that there are only
two options, to buy or extend.
The unfor tunate position of the city,
showing more or less culpable delay
and negligence upon the part of the
city, lies in the fact that while the city's
attorneys claim today that the Water
works company has no right to be do
ing business here, yet we are absolutely
at the mercy of this corporation so far
as our water supply at this time is con-
cerned: and the same is true of all the
time between now and the end of the
period required to install any new sys-
tenn and equipment.
This is truly deplorab BILE and unfOr-
tunate situation for the city. OF course,
for years we have been expecting that
the law would decide our way, but the
courts have always gone against the
city and have sustained the contentious
of the waterworks counsel. The situa-
ton is not a theory, but practical
thing
While the city's counsel, Judge Nc
Farland, asserts that the Water COM
pany is here by sufferance, there is truly
no intention on the part. of the city to
drive this company off from the town
site Immediately If we did Topeka
would be drier than the most ardent
probibitionist ever dreamed of, and
thirstier than an old topper under the
theoretical condition of the late Hughes
administration.
The city council 20 years ago. said
Judge Mcfarland. had no authority to
make any contracts on behalf of the
present council. It could not grant
franchise for 20 years. and then specify
that unless the present council did GER
tain things, the franchise should be ex-
tended for ten years. That 10-year
clause is of no weight, and 1 maintain
that at the present time the water com
pany is continuing in existence only by
suferance of the city"
City Attorney Spencer read to the
council the letter he had received from
CEas. F. Street president of the water
company This letter has not been
made public. but in it Mr.. Street is I'M
derstOOd to have stated briefly the posi-
tiOn of the water company, and to have
given the council some figures on which
The point was very strongly urged
last night that if the city should buy
the plant. it would be obliged to at once
spend about 500, 600 in extensions of the
mains. in order that the whole city
might be given water service and fire
protection. The general sentiment os
the council seemed to be that the city
should take this fact into consideration
In making an offer on the plant. 1T
isn't as though we were buying conf
pletely equipped plant" said one of the
councilmen. We are buying what does
not cover the whole city by any means.
We would under city ownership, be
Obliged to extend the water mains to
cover the whole town"
There is considerable difference OF
opinion among the members of the
council as to what they are in favor of
paying the water company S \.
Swerdson, of the dry district" in the
Sixth ward. was willing to pay the
company 5000, O00 or even $3.50 600 ac-
cording to the amount which the coun-
ell thought best. He wanted the city
to buy the plant.
Councilman Weber. of the Fourth
ward, was of a different opinion He
said: The value of the plant is prob
ably about what our engineer said it
was. S46S,eOO. To this must be added
SI.0o0. the value of improvements since
the appraisement was made; $500 GOO
would be very liberal estimate We
could replace the plant for $1OO. 900 less
than that sum, but il would cost us
some delay and another lawsuit to do
IL However. | believe in treating the
water company with generosity. ana
would be willing to go a little above
S500.oOO in case of necessity. l am op-
posed to paying 100000 and l do not
believe that .the people of the city
would vote 100000 in bonds to buy the
plant We must be careful in making
our estimate the value to fix a price
low enough so that we can carry tho
bonds. and at the same time high
enough so that the water company will
accent the offer"
Councilman Griley expressed a willing