The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-09-30
1T SUITS THEM.
Gas Company Accepts the To-
peka Franchise.
Formal Document Filed With
City Clerk Today.
A CHECK FOR $4,000.
This Is Turned Over to City at
Same Time.
A Guarantee That Work VIII
Be Done.
l CHECK FOR $4,000.

l.
dent c. K. Holiday and Secretary P.
]. Diehlmann of the Excelsior Coke &
Gas company, filed with the city clerk
their acceptance in writing of the new
gas franchise, and deposited with the
city clerk a check on the Merchants
National bank for $4,000. The time
for the filing of the acceptance will
not expire until next Wednesday.
The acceptance is in the following
terms:
Topeka, Kan, Sept. %, 1904.
''By virtue of authority vested in me
by the Excelsior Coke & Gas company
of Topeka, 1 do hereby for and on be-
half of said company, and said COM
pany does hereby accept the provls-
nance No. 1925 of the city of Topeka
which was passed August L, 1904, and
passed over the mayors veto Septem-
Der 5, 1904, entitled An ordinance
granting the Excelsior Coke Gas
company of Topeka, Kan, its success
sors and assigns, the use of the streets,
avenues, alleys and public grounds for
gas mains and laterals to be used in
supplying the city of Topeka and It's
linha bitants with artificial or manu-
featured gas for light and heat and
other purposes and fixing the maxi
mum rate for the sale of said gas.
1.-THE EXCELSIOR COKE & GAS
COMPANY, OF TOPEKA.
81 T. CLARK Vice President.
Attest: P. J. D1EHLMANN, Secy.
The $4,000 cash was deposited to com
comply with the terms of the franchise
ordinance which are as follows:
said Excelsior Coke and Gas COM
pany shall at or prior to the time OF
the acceptance of this ordinance deposit
with the city treasurer of said city the
sum of SIC, 900, the conditions of Which
deposit shall be as follows: If the said
company shall fail to commence the
work of improvement and extension as
hereinbefore provided, Wltnln three
months from the taking effect of this
ordinance or shall fail to expend the
sum of $4,000 in said work of improve
ment and extension within IL months
from the time of commencing said work
then the said $4,000 shall thereupon De
returned to said company
There is still $4,000 to be paid over to
the city by the company to apply on
the costs in the dollar gas htlga1on-
President Holiday said today:
Just as soon as our attorneys and the
city's attorneys can get together with
the U. S. court officials and hgure out
how much the costs are, and get the
litigation settled up, we are ready 10
pay over the 81, 500, The money is ready,
and if the city does not think we are
good for it, they can get it right away
Mr.. Holiday was asked when work
on the proposed improvements VIII
commence.
s'Instanter," was his reply. We have
already let the contracts for the ma
teriaI in the east. The work will be
done here by Topeka labor. 1t will
not be let by contract, but the COM
pany itself will be in direct charge"
''Will the company accept the
amendments which were passed TO the
gas franchise? ?"
I'VE can't accept those until they
become a law and are published said
Mr.. Holiday. but you can be sure
that we will accept them
One thing about the acceptance hled
today is worthy of especial notice 1t
is not signed by President Holiday,
but by Vice President j. t. Clark, one
of the founders of the Topeka Gas
company, who is the nominal holder
of considerable stock.
'fWhy didn't you sign the accept
ance?" was asked of Mr.. Holiday.
"Oh, We thought it would be better
for Mr.. Clark to sign it, replied the
Second ward councilman. Il am
good fellow to rustic around and do
the work, but when it comes to thing
like this we thought it would be ap-
propriate for Mr.. Clark to sign it. He
has been interested in the company for
a long time
Mr.. Holiday stated that he is still
the president of the company. 1t is
likely that Mr.. Holidays name does
not appear on the acceptance for two
reasons; either because of political
considerations, or else because the at
torneys for the gas company feared
that it might in some way prejudice
their franchise to have it appear that
c. K. Holiday, the president of the
company, was also a member of the
city council.
Mayor BergundthaI and several
other city officials question the right
of Mr.. Holiday to vote on the fran
chise question, because of his connec-
ton with the company. The law
makes it a serious offense for a coun-
Gilman to vote for any contract in |
which he is interested. The franchise |
is contract. Mr.. Holidays claim is |
that he has no real financial interest
in the gas company. If Mr.. Holiday |
did not have a right to vote, it is high |
ly probable that the ordinance would
be invalidated. for it would have lack
ed sufficient votes to carry it over the |
veto.
The amendments to the gas fran |
chise, which were passed after the
franchise was passed, and which the
gas company cannot be compelled to |
accept unless they so desire, will not
become law until October 5. They |
were passed on September 5, and have
not been signed by the mayor. The
mayor says he will not veto them, be-
cause that would give the gas COM |
pany an excuse for refusing to accept
them. He will allow them to become
law without his signature. They will
become law on October 5. after which
they will be published. 1t will then be
up to the gas company to accept them |
if they want to. Some of the amend
ments are of doubtful value to the
city, though they are probably HARM
less.