The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-10-18
To ACT TONIGHT.
City Council VIII Decide on
Waterworks Question.
Sentiment of the People Won't
Be Tested.
1T COULDN'T BE DONE.
Vote Has Already Been Twice
Taken.
Mr.. Street Goes Over Some of
the Details.
1T COULDN'T BE DONE

| There are some who hold that the
bond election at which the people vo-
ted to issue 100000 in bonds 10 buy the
waterworks is manatory upon the
council and that all this quibbling
against city ownership is useless. 1T
! is held that the people have decided
whether the plant snail be bought for
$500, 600, and that the coulcil cannot
go back of the returns" City Attor-
ney Spencer seems rather hay on the
proposition.
The bond election made it manda-
tory upon the council to issue the wa
terworks bonds,'' he said today.
''Isnu it also mandatory mat the
bonos shall be used TO buy the water
works ?' ne was asked.
II don't know about that" said MI.
Spencer.
Some have believed that the council
has done ali II IS required TO DO, ana
that the mayor can now Simply go
ahead and sign the bonds and take pos
session OF the plant, as soon as the
title is approved. City Attorney Spen-
Ger does not think this is the case,
however.
Tine city council has never made a
contract with the water company to
buy the plant for $4,000, said Mr..
Spencer. 1t is my idea that before We
go into an examination OF the title OF
the property, we should take some for
ton, putting ourselves on record IN
some way which would bind us to eth
ed take the plant or not. II the coun-
ell votes to take the plant, then 1t can
investigate the title
The sensible thing for the council to
do this evening would be to instruct
City Attorney Spencer to investigate
the title to the plant, and authorize the
mayor to go ahead and consummate
the deal in case the title is approved.
SO evenly divided the city council
seems to be on the waterwOrkS question
that it is impossible to say what pecul-
lar shoot the discussion will take at
the council meeting this evening.
Councilman S. T. Howe says he will
not introduce any motion for special
election to test the feeling OF people
on the waterwOrks purchase; but he
would vote for such a motion if 1t
should be introduced.
IF it comes to a test vote tonight on
whether we shall buy the plant or not,
would vote to buy said Mr.. Howe.
IF we refuse to buy we are right up
against it-thatS all. 1t means re-
newal of hostilities and litigation with
the water company, probably. The fact
that the water plant can be put into
good condition for $4,000 reconciles me
to the purchase, though 1 am still OPP
posed to city ownership on general prin-
ciples."
the only thing the city can do now is
to buy the plant"
S. a. Swendson also believes in carry
ing out the agreement to buy.
With Howe, Green and SwendSon
friendly to the purchase of the plant,
the project of city ownership is as
sured the votes of three of the lead
ers of the council.
City Attorney Spencer ridicules the
scheme to hold a special election to
test the sentiment" He says:
Such an election could not be held
under any law. 1t would necessarily
have to be purely unofficial and in
formal. It strikes me as being very
much like child's play to talk of such a
thing. What weight would such an
election have when compared with the
result of two regularly called bond
elections where the question of city
ownership was the issue?''
The only use in such an election would
be that it would give the weakened
councilmen an excuse for voting one
way or another.
Not one of the members of the city
council who is fighting city ownership
of waterwOrl<s can give a satisfactory
answer to this question: What will
the city do if it refuses to buy the
plant?
1t is absurd to talk of building a
new plant. No one would buy the
bonds the city might issue for such
purpose. The city itself could not
take water from its own plant. 1t is