The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-01-03
BAD FOR CORPORATIONS
New City Charter Act Has
Stringent Features.

Nothing that can be done to defeat the
proposed new city charter act for cities
of the first class will be left undone by
the corporations holding city franchises.
The new act gives to cities a tremen-
dous power over corporations holding
city franchises. The condemnation sec
IiOnS of the act are especially severe.
The city is given the right to condemn
water. gas, electric light. city railway.
or any other plants at any time. and
pay for them whatever price is fixed by
a board of five appraisers appointed by
the district court.
The condemnation sections of the act
are copied exactly from the New York
statutes. which have been held to be
constitutional by the supreme court.
For this reason the corporations are
filed with terror lest the formidable act
becomes a law, and they viii spare
neither money nor brains to block its
passage.
There are many ways to defeat an act
without having a majority OF the votes
The favorite method Of the corporations
is 10 inject some harmless looking
amendment which Will render the whole
act unconstitutional. This is the most
probable way which the corporations
VIII choose for their attack.
Besides the condemnation section OF
the act. which is so very Objectionable
to the cor9orati0ns. there are other
things in section II relating to public
utilities which the corporations can
afford to spend many thousand dollars to
defeat. Here are a few Of them.
1. franchises may be terminated at
the pleasure Of the city any time after
they have run ten years.
2. Corporations shall pay at least )
per cent on the gross earnings to the
city during the first five years and at
least 6 per cent thereafter, the money to
be paid over twice a year, and to be used
to improve the streets and alleys.
3. CorDoratiOns must make SEMI
annual resorts to the city. giving an
81 AZ
bursements. The city can If it desires
so TO the company's book to verify these
reports
4. The city can fix the rates which
corporations shall charge. but can NOT
change them more than once every three
years.
Even K there was no condemna ton
section in the proposed act, the eorpo-
lat1ols would 90 into spasnas Of anguish
at the four provisions above set forth
But the condemnation sections are
worse than all the rest of the act Dut
together
Briefly stated the provisions ofthe con-
Gemnati0n sections of the act are as fol-
lows
When the city desires to get possession
of any public utility. as for instance the
waterworl1s plant, the city attorney
shall petition the district court to aD-
point five appraisers for the property
which the city desires to own. The ap-
DralSerS have the power to issue sub
poenas and take testimony under oath
They shall make to the district court
a report on what they consider a fair
value for the property. The court will
review the report, and unless the award
seems nlanifestlX excessive or INSULT
cient will confirm It. and then direct
the city to make the payment agreed
upon by the appraisers. If the corpora>
tion desires it may appeal the case to
the supreme court, and if the verdict is
confirmed the city win be entitled to
wIits from the district court to enable
it to take forcible possession of the
plant. provided the company resists
That's what the franchise holding in
stitutions will be UP against provided
the legislature passes the new city
charter act. City charter act" does not
sound very formi miiable. but it is likely
to be one of the biggest fighting grounds
the coming session Of the legislature VIII
find in its 50-day pilgrimage.