The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-05-20
MAY PUT HIM OUT.
II. X. Goodrich Likely to Be
Elected from Light Plant.

Two members of the claims and ae-
counts committee, namely Geo. Neil
and S. A. SwendsOn. are said to have
agreed to sustain Mayor BeFgundthal
in the conflict which will come to an is
sue tomorrow with Superintendent H
K Goodrich of the city electric light
plant Swendson and Neil will refuse
to allow Goodrich any pay for what
ever time he may serve after May FL
The council is almost certain to stand
what Mayor Bergundthal wants.
Inability to get airy pay will force
Mr.. Goodrich to testethe validity of the
old soldier law, and this is exactly
what Mayor Bergundthal aYtns.
It was reported today that the diff
Guilty will not be settled in any such
amicable way. Porter Mitchell, the man
who has been appointed to take Good
rich's place as superintendent of the
electric light plant. is said to have
agreed with Mayor BergundthaI and
other Republican leaders to go to the
plant at midnight tonight and take
forcible possession, put GoOdrich's per-
sonal effects out on the sidewalk. and
proceed to discharge the duties of SUI
perintendent of the plant. Possession is
nine points, and if Mr.. Mitchell should
once get into the office he would prob
ably stay with it until the cid soldier
law is tested
Otherwise. Mr.. Mitchell will no doubt
have to simply wait for the case to
come before the courts. He will not be
4 In a bad position at all, however, in
case the law is declared invalid, for he
will be able to collect his salary as sup
erintendeft from the city while at the
same time he is getting a good sum as
! engineer at the Edison electric light
plant. This will be equivalent to a to-
tai income of about $1,000 year. Mitch
ell ought to be satisfied to wait. 1t
/ would seem
Mayor BergundthaI denies that any
force. will be used to eject Goodrich
| from the plant. I have not seen Porter
| Mitchell for several days he said land
don't know of any plan to take the
/ office by force. I believe that the best
| way is simply to have MIR. Mitchell
| make formal demand for possession
of the plant, and if it is refused, to
| signify to the city that he is ready to
discharge the duties of the Office. 1t
/ would be just like the case of Bob Nc
| Master who was appointed commits
sioneF of elections, and could not get
+ possession of the office. He was subse-
quently adjudged legally entitled to
possession, and he recovered from the
city a judgment to the full amount of
his salary. That is what Mitchell will
be able to do"
There is great Interest in the Goodrich
case because it is the first time that the
old soldier preference law has been tested
In way or another il has always been
lodged by either public officers or the vet
Grams themselves. The general impression
is that the law is class legislation and viii
not be held good ia the courts. a decision
is of great Importance to the old soldiers
of the state and will be awaited with in
terest. Mr.. Goodrich says he has suffi-
cient financial backing to fight the thing
through to a finish
Goodrich was appointed to fill out an IN
expired term of G. c. Adunson, and Mum
son was appointed May p. 1901. Goodrich 5
term would therefore expire May n 1893
For that reason The parting of the ways
occurs tomorrow nd the fight for posses
sion Of the plant Will then commence.
It is considered likely that the pay of al
the other employees at the plant who hold
their Jobs in defiance of Mayor Bergund-
thai will be held up by the council.