The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-12-22
Both Mr.. Howe and Mr.. Sinner
Interested.
NEED OF WATER MAINS.
May Wait For the Extension of
Them.
Orchard Place Wants to Be Left
Out.

Although Councilmen S. T. Howe and
]. c. Sinner of the Fifth ward are go
ing ahead with all the preliminaries to
building the big $4,000 sewer system
in the south part of Topeka. it is likely
that considerable time will elapse be-
fore the work of construction will be
commenced. There is no water service
in a large portion of the territory to be
included in the sewer district, and the
plan is now to delay the construction
until the city gets possession of the
water plant and can extend the mains.
Councilman Howe and Councilman
Sinner are both circulating petitions
for the sewer. and in order to make
things interesting have laid a wager
on which end of the ward can get the
most signers on the petition. Sinner
represents the east end of the ward, and
will take in Walnut Grove and Orchard
Place; Howe represents the west end
of the ward. which includes Martin &
Dennis addition and considerable ter
ritory south of it. Sinner has a little
the best of it because he owns a lead
ing store in his part of the ward, which
is sort of headquarters for people down
without going out after them Other
wise the contest for signatures on the
petition is likely to be close and inter-
esting.
Councilman Howe said this morning:
The principal opposition to the sewer
in our ward is on account of the fact
that we have no water mains. Realiz-
ing that this Is strong argument
against the sewer, we are aOing to get
the preliminary work for the sewer
Iat r~car1 al n eta nv
for time until the city water can be
put in simultaneously, or very soon af-
terwardS- When We know that the city
water is an assured fact and that the
mains will be extended out there very
soon, the people will not have much
objection to the sewer project.
Il understand that there is consid-
erable doubt as to how the city shall
extend the mains. and so it may be
some time before we can do much with
the sewer"
Since the question of extending water
mains has been brought to the atten-
ton of the city attorney, a partial ex-
animation of legal authorities has been
made by him, with the result that it
seems as though the present laws make
no provision for the extending of water
mains under city ownership of water
works.
The only section of the statutes
which can be construed as touching this
point provides powers for issuing bonds
to make any kind of municipal inn
provements which the city may decide
upon. 1t requires, however, a regular
bond election to sanction such an issue
the same kind of an election that was
held when bonds were voted for the
purchase of the plant.
City Attorney Spencer says: While
I have not examined the laws sufficient
ly to give a final opinion on the sub
ject, it is quite apparent that one thing
which is essential to the successful
management of the waterworks by the
city is a new set of laws. We must
have some laws passed by the next leg
iSlature. Until then, there can be Moth
ing very permanent in regard to the
management of the waterworks. The
city council will be in absolute control,
and the waterworks will be subject en-
tirelyto the fluctuations of that body.
What we want is something permanent
in the state laws which we can tie to.
In order to extend the mains of the
water plant, under city control, it seems
that it will be necessary to have a bond
election. 1 doubt whether it would be
possible to use the profits of the water
works to extend mains, without the
authority of a bond election. The theory
is that public improvements of this ma
ture must be brought about by the
sanction of the people. However, I don't
give this as a final opinion. because 1
have not yet completed my inveStiga-
tions on the subject
It seems that the city should have a
new law relating to the organization of
the board which controls the water
works plant, and the method of handling
the finances of the institution.
ORCHARD PLACE WANTS OUT.
Some of the people in Orchard Place
are trying to find some way to keep out
of the big Fifth ward sewer district.
They want to organize d little district
of their own and open directly into the
main of sewer No. IL which runs along
the north edge of Orchard Place.
Such a proposition would probably
not be considered at all favorably by
the city Many of the owners of lots in
Orchard Place are already connected
by private mains with No. IL but each
of them has signed an agreement to
make no objection in any way to being
included lii a new sewer district when
one is created.
1t would cost Orchard Place people
much less to have a little sewer district
of their own, but the theory of sewer
building is that large districts must
be created so that the cost will be less
ened per capita. Orchard Place will
have to contribute it's share toward
building the sewer which will be of es-
pecfa1 benefit to people living in lower
localities.