The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-05-28
TURNS 1T DOWN.
Topeka Water Company Refuses
City's Offer.
Attorneys Say They Haven't
Even Considered Proposition.
SPENCER WILL ACT.
Says He Will Take Matter Into
Courts.
The Council Will Probably
Await His Pleasure.

Topeka's offer Of $3.50 600 for the plant
of the Topeka water company is reject
ed by the company.
Perhaps it would be more correct to
say that the offer has never been con-
sidered by the company, in an official
manner. There is nothing left for the
city but a fight in the courts for the
possession of the water plant.
w H. Rossington, one Of the attor-
neys for the water company, said to-
Gay:
I never heard about the city Offering
$3.50, 900 for the water cOmpany's plant
Resolutions with strings tied to them
don't go"
Charles Blood Smith, the other lead
ing counsel for the company, says:
Il never heard that the city made an
offer for the water company's plant. 1
did not know that the council had pass
ed any resolution on the subject till
last Saturday when the mayor spoke to
me about it. If the city has anything
to offer, let the offer be made. Anything
which is not official does not 60
J. w. O'Neill, receiver for the water
company, is out of the city and has not
been here for some days. his opinion
on the subject could not be obtained.
Jesse Shaw, manager for the COM
pany. said: Il don't know anything
about the matter al all -
City Attorney Spencer said today:
L have thought for some time that the
water company would continue to lg-
more the city's proposal that 1t would
buy the plant for $3.50, 600. In my opln-
ion there is nothing else to do but to
carry out our announced Intention
to bring the matter into the courts
as quickly as possible, and determine
ion bringing the matter into the courts
as quickly as possible and determine
the rights of the water company am
not prepared to say just now what
form our proceedings will take, or
whether we viii bring the action IN the
state or federal courts.
The water company has not formally
rejected the city's offer and it will not
do So 1t will simply ignore it. The
offer will expire at midnight Sunday,
June l. and nothing win be heard from
the company, pro or con- Nothing VIII
remain for the city to do but to carry
out the terms of the following resolution
passed on May q by the city council;
Resolved, BY the mayor and coun-
ell of the city of Topeka that the city
attorney be instructed to institute such
legal proceedings as ii his judgment
may be necessary to protect and en-
force the rights Of the city in and con-
corning the water plant furnishing
water to the city of Topeka.
wv. S. BERGUNDTHAL."
Mr.. Bergundthal, who introduced the
resolution, said today:
Il am certainly in favor Of carrying
out our intentions, and show the water
company that we were not bluf1lng when
we gave them to understand that it was
sell or fight. I believe that the city
should exert every energy to win this
case"
The city's offer Of s55O,OO0 for the
waterworks plant was made to the com
pany in a sort Of back-handed fashion
which has evidently not proven agree
able to the company. The city council
passed a resolution on April p. stating
that provided the company would prior
to June 1 submit proposition to sell
for $3.50 COO the city would accept 1t.
The offer was made in this manner to
preserve all the legal rights of the city.
The city has taken the position in the
impending litigation that the water
cOmpany's franchise has expired, and
that, technically, it has nothing to sell
To avoid recognizing this right the reso-
luton was carefully drawn up by the
city attorney and passed as presented
by H. s. Nichols, chairman Of the water
works committee. The resolution in full
was as follows;
Resolved, By the mayor and coun-
ell CT the city of Topeka; whereas differ
ences exist between the city of Topeka
and the Topeka Water company as TO
the respective rights of said parties in
the water plant furnishing water in
said city.
Nov for the purpose of settling
such differences and obtaining an indis-
putable title to said water plant and