The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-01-06
MAY SUE THE CITY.
That May Be the Next Move of
Water Company.

Topeka has refused to pay S2S. Geo
hydrant rentals to the Topeka Water
company. and the company threatens to
bring suit to collect the money.
An important part of the secret con-
ference held Monday afternoon between
President Charles F. Street, Mayor
Parker and City Attorney Spencer was
in relation to this proposed litigation
The city officials did their best to per
suade Mr.. Street not to commence suit
lust yet, but to await the outcome of the
April bond election. Mr.. Street would
make no promises, but intimated strong
ly that unless the city paid the $751; 600
at once. suit would be commenced.
President Street says in speaking OF
the S2S, 600 debt which his company
wants to collect:
1--WE want our money. that's all We
are not trying to get any technical legal
advantage over the city We are will
ing to enter into a stipulation with the
city that the payment of the money
shall not prejudice the position which
the city has taken with regard to the
validity of the cOmpany's franchise We
are even willing to have our attorneys
ask Judge Hook for an order specially
stipulating that the payment of this
money shall not in any way be used to
the disadvantage of the city in the pend.
ing litigation"
This proposition of President Street
does not meet with much favor from thu
council. They are not only anxious to
save any legal rights which the city may
have, but if it is to be war between the
company and the city it is natural that
the city should keep back from the com
pany all the sinews of war possible The
city is not likely to pay the company
any more money than it can help until
the pending negotiations are ended.
! 1t looks Just q little as though the
great haste Of the company to cOllecS
/ the s2S. 600 at this time is because the
loo &c hot
works bonds will be defeated. and the
company and the city become involved
in fight in the courts The company
apparently wants to take advantage Of
what may be a lull before the storm, and
get the $4,000 into its Golfers as a wal
fund.
The city has the money to pay the
bill. 1t is only question of policy
whether it shall be paid The city thinks
that by paying the bill it may thereby
recognize that the company is still do
ing business under its old franchise, and
the foundation stone of the city's con.
tention is that the franchise has ex-
pired. The itemized bill is as follows:
/ Balance due ..-..... $50 ,005 81
Interest due on $2O,0o551 at
per cent .----.-....... 700 L
Six months rentals for $50 hyd-
rants at S46.66 2-3-.-...-....... $500. OK
Six months rentals for 14S hyd-
rants at $50. ..-....-....... 300. Oh
Six months rentals on is hyd-
rants at $50, South Topeka $4,000
Total ..-...-.... .--....-...... .s2s. s55. Il
When the status of the water company
is determined by the courts, then the
city viii of course pay the bill Mean.
time it is the plan of the city to con
tinue to accumulate money in the water
fund, so that when the debt has to be
paid the money will be ready to pay it
There is a special levy of from ~ to
mills for the payment of water rentals
The city'S bill for hVCrant rentals
amounts to about $4,000 a year. If the
litigation with the water company
strings along for five or ten years. tn,
fund which the city viii have on hand
viii be enormous. But it is not likely
that the water company would submit
to having its rentals held UP for such Z
long time It would either force the city
to nay up or it would shut off tn,
/ hydrants If the latter course should be
followed. it would leave the city with
! out IRE protection.