The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-14
Action on the Edison Franchise
Is Indefinitely Postponed.
Council Decides to Await Action
of Legislature.
THE VOTE STOOD 6 TO 5
But Little Discussion Preceded
Disposal of the Question.
WaterwOrks Management Is
Considered Informally.

BY vote of to 5. Councilman Griley
being absent, the city council last night
postponed indefinitely the further con-
sideration of the proposed new franchise
for the Edison Electric company.
Councilman Kutz presented the fol-
lowing resolution, when the considera-
tion of the franchise ordinance was
taken up:
Whereas, The time for the conven-
ing of the legislature is near at hand,
and
Whereas. The city charter act pass
ed by the session of 1903 may be amend
ed affecting the government of cities of
the first class, and
Whereas, the council needs more
time to investigate the cost of produc-
tion of electricity and to consider pro-
visions for ascertaining the cost of pro-
duction from time to time to the end
that equitable rates may obtain for the
benefit of consumers, and
Whereas, The city attorney is busy
With other work and on account or
which members of the council refrain
from seeking legal advice, and
Whereas, the council will be very
busy on account of the transfer of the
water plant; therefore be it
Resolved, by the mayor and coun-
ell, That further consideration of the
Edison franchise be postponed for a
IGanCnlSG
placed on file"
After a few brief speeches, the roll
was called on this resolution, and re-
suited follows:
For the resolution-Kutz Ryder,
Green, Nellis, Sinner, Hughes@6.
Against the Observation-Disclosures, Neil,
Rice, Howe, SwendsOn-5.
This vote would have been a tie, and
the resolution would under the rules
have been lost, had Councilman Griley
been present at the meeting. 1t is still
possible that the resolution may be re-
considered provided one of the six mem
bers who voted for it can be induced to
change his vote and make the motion
for reconsiderat ton.
The effect of this resolution will be
to put check to the plans which the
EDISON company has had for the i'm
mediate enlargement of their plant to
enable them to supply much needed
power to a score of small factories
which are trying to start up in this
city.
In introducing his resolution and
moving its adoption, Councilman Kutz
said: Il feel very friendly to the Edi-
son company, but think that we would
do better to wait until after the session
of the legislature and see if any changes
are made in the law. I hope at some
future time to vote in favor of the
passage of this franchise, after it has
been put into such shape that the in
terests of the city are better protected. -
Councilman Green seconded the mo-
tion for the adoption of the resolution
He said;
If we adopt this resolution it will be
the best thing the council has done since
] have been a member. 1t merely de-
ferS action for go or 40 days. until the
legislature has had an opportunity to
amend the city charter act. Under the
present law. the city has no control
over the expenditures of the plant, all
though the law ostensibly gives us an
interest in the income. The law gives
ne No ant rhfNT-i 70 Er1x~ W
are also unable to grant a franchise
based on subsequent legislation. We
are told that the courts would compel
the company to make its expenditures
reasonable, but my experience with
courts is that they are very liberal
when it comes to the question of sal
aries and expenditures
Councilman SWendSOn said: TT seems
to me that after having put so much
time on this franchise and having at
last gotten it into shape whicn is gen
orally satisfactory, it would be extreme
ly unwise to further delay action. We
have been thrashing this over for sew
eral months, and we ought to go ahead
and vote on it. I am opposed to any
Surther delay"
Councilman c. K. Holiday: q believe
the Edison company has presented as
fair and reasonable a franchise as the
city could hope to get from any com
pany. I am in favor os taking action
On It at once
Councilman L. a. Ryder: 1.-The work
which we have done on this franchise
viii not be lost. We simply postpone
consideration for time, and can then
take Up the question again with bet
ter understanding of the situation"
1t took only few moments to carry
out the plans of those who were oppos-
ed TO the passage of the franchise. Up
until shortly before the meeting of the
council, the opponents OF the franchise
had claimed only five votes at the out
side. and it was admitted that one of
Nha sob ~
to postpone further action until after
the session of the legislatur was fixed
up for the purpose of lining up all of
the members OF the council who for any
reason at any time had opposed any
sections of the proposed franchise, and
the effort to thus Solidify the opposition
was successful to the extent of six
votes, enough to pass the resolution in
the absence of Councilman Griley. who
has heretofore been friend of the
franchise.
IT was $3.50 last night before the coun-
Gil was called to order. The meeting
was delayed in order to give Council
men Griley and Hughes a chance to
come in. Councilman Hughes arrived at
about 10 o'clock, but Councilman Griley
failed to put in an appearance.
Waterworks Question Up.
After delaying the consideration of
the question for about nine months.
the council last night took I'D the
Howe ordinance for the control and
management of the waterworks under
municipal ownership
Indications of a storm at once de-
veloped. The ordinance being read,
Councilman Ryder notified the council
that he objected to the plan of man.
agement proposed, and wanted an OPP
portunity for a thorough consideration
of the question He thought that the
ordinance should be considered in
committee of the whole.
City Attorney Spencer was asked