The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-10-29
IN Line
City Council Will Carry Out
Their Instructions.
8. s. Rice Of Fourth Ward Set
ties 1t.
THE PEOPLE WANT 1T.
Satisfied That Sentiment Has
Changed.
No Desire to Reopen the Expen-
siVe Litigation.
THE PEOPLE WANT 1T.
Now Convinced That Action Of
Council Was Hasty.

Three councilmen are now almost
certain to line up in favor of the pur-
chase of the waterworks by the city,
in addition to the four who have stood
by the proposition from the start.
Councilman S. S. Rice, of the Fourth
ward wants the council to employ the
services of half a dozen of the lead
ing lawyers of the city, and submit to
them the question of whether or not
the water companys franchise. which
they claim is self-renewing, is valid.
Mr.. Rice says that if these lawyers
advise the city that the water com
pany could continue to do business
under this franchise, or if they hold
that long protracted litigation would
result if the city attempts to build
new plant, he will be in favor of
closing up the deal for the purchase
of the plant at 100000. This prac-
ucally settles the matter.
For my part 1 am in favor of city
ownership, but 1 don't like to pay too
much for the present plant. Yet if
thought we would have to go into
a long litigation, with very slim pros
poets of victory in the end. / would
be ready to vote right now to buy
the plant, and make the best of a bad
bargain. 1 believe that every one of
the councilmen who have opposed
purchasing the plant are equally sin
cere in the matter, and would be will
ing to do the same thing.
Furthermore, 1 am convinced that
the action of the council last Tues
day night was hasty. We should have
waited to see what action the Com
merclal club will take at Its next meet
ing. don't believe the council should
take any further steps until it hears
from the Commercial club again.
Therefore, 1 think that no action
ha f<lI Irsar,N A.
at the next council nesting as the
Commercial club meeting is called for
the same night as the council meet
ing: The Commercial club meeting is
called at a bad time, as it is the night
before election and the same night of
the council meeting. There is not
likely to be a full attendance L wish
they could arrange to hold their meet
ing before the council meeting.
My understanding is that City At
torney Spencer holds that we could
bring a suit and test the validity Of
this franchise in the state supreme
court, and that such suit could be ad-
Vanced on the docket and heard in De-
cember or January. If we could get
decision of the question in that length
OF time, / would be in favor of bring
ing the necessary legal proceedings,
but as 1 said, am opposed to a pro-
tracted litigation.
I believe that the sentiment of the
people of Topeka is swinging around
considerably of late A few days ago,
the sentiment was that the city should
refuse to buy the plant. Yesterday in
my rounds of the city. 1 heard more
talk favorable to buying the plant i'm
mediately than L have ever heard BE-
fore. In the Second ward, Third wz~d
and Fifth ward L found a very stn1cE
sentiment in favor of taking the pant
as ordered by the voters. There is no
doubt that had this matter been sub
mitted to the people so days ago, it
would have been overwhelmingly de-
[.a I'll
on record several times as being oppos-
ed to the purchase, and 1 think we
ought to wait and see how this club
feels about the matter now before we
do anything further"
When asked this morning whether or
not he made the statement attributed
to him by Councilman Rice concerning
the testing of the franchise in the
state supreme court, City Attorney
Spencer said:
1T has never been decided whether
such a proceeding should be COM
menced in the state courts or i'm the
verSation with various councilmen that
we might begin a suit in the state su-
preme court, which under favorable
conditions would be decided within
year. There is no doubt however, that
if the decision was adverse to the
water company, the decision would be
appealed to the United States supreme
court"
This practically eliminates the pros
pect for speedy settlement of the
question, such as was hoped for by
Rice. Councilman Rice.
however, does not want to depend
upon the city attorneys opinion. "We
want he said today, "the opinion of
lawyers who are entirely removed
from politics"
There was another secret meeting
of the ''antis" at DIR. Ryder's office Fri
day afternoon. 1t is stated by one of
the eouncilmen who attended that no
definite action was taken in regard to
and no programme decided
upon. The remaining members of the
solid eight are devoting their utmost
energies now to holding their votes I'm
line. They are finding it a difficult
task.
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