The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-01
WILL Be FIXED.
Pipe Organ Complications Are
Being Strengthened Out.
Association and Council Ready
to Come to Terms.
FOR ONLY FIVE YEARS.
That Is the Term of the Pro-
posed Lease.
City Attorney Spencer Gives an
FOR ONLY FIVE YEARS.
City Attorney Spencer Gives an
Opinion in the Matter.

Sociation will in all probability be
reached by the county council and the
Pipe Organ association. The ways and
means committee of the council last
night adopted this resolution:
Resolved, that the ways and means
committee expresses itself as being
heartily in favor of the plan for plac-
ing in the Auditorium a pipe organ,
provided that the rights of the city can
be fully protected
Several important concessions were
made by Frank H. Foster and Prof.
G. 3. Penny, representing the Pipe
Organ association last night. They
agreed to reduce the term of years for
which they desire the exclusive use OF
the auditorium from 20 to five. The
organ will have to be paid for in three
years, and the opinion of Prof. Penny
was that it would be better to central
ize the efforts of the people of the city
in paying for the organ in that time
instead of allowing it to drag along
for 20 years. The association also
waived it's request that the city furn-
ish the electric power and equipment
for running the organ. It was found
that this could not be practically ar
ranged, owing to the fact that the city
electric light plant is not running all the
time.
City Attorney Charles E. Spencer
gave an important legal opinion on the
proposition last night which serves to
clear away much of the objection to
the plan. He said:
There is only one clear cut legal
proposition in this case at the present
time, and that is whether or not the
city has the right to allow this asso-
citation to put its organ into the build
ing. It is very evident that no organ
builder would sell an organ to this as
ISOLATION unless the association could
retain ow aership of the organ until
paid for. Therefore the association must
n4r-I-& &e1~ r.
organ.
THE Supreme court, in deciding the
Crawford case, did not decide whether
or not the city has the right to lease
this building to any one. But I an
ticipate that if this question should ever
come I'D before the court, 1t would be
decided that the city can do about as
it, p1eases with the Auditorium. 1t can
do as it did with the store rooms which
it rented in the old city hall, or as it
might do in case it has lot of surplus
office room in this building. It could
make a lease for a year or a term of
years if it SO desired.
"Of course there enters into the case
the question of public policy. I think
that it would be well for the city coun-
Gil to be very careful what sort of en-
tertainments it allows to go in there.
1t never should be used as theateT,
for instance. It was built by the people,
and it should be kept for large public
gatherings, such as band concerts, con-
ventions, fraternal society affairs, and
such things which are not exactly in
the exclusive nature of a theater.
IF the city council wants to give this
Pipe Organ association what is virtual
ly a five year lease on the building,
rent free, it probably has the right to
do so, but it involves some questions
of public policy which ought to have
your attention.
Councilman swendson said: 81 am
opposed to giving the exclusive use of
building anVhn6V 7
friendly to the Pipe Organ association,
but I do not believe that we have the
right to put this building out of our
control. l would be willing to give the
association free OF cahrge whenever it
wants it."
Councilman L. A. Ryder also was OPP
posed to giving the exclusive use Of the
building to the association, although he
said he believed that the council should
give the association every possible en-
courag cement. Would your association
be satisfied" he inquired of Mr.. Foster,
''if we allowed to you the exclusive use
of the pipe organ until it is paid for?
It seems to me that this organ is a
good thing, but it ought to be made to
pay for itself. It ought never to be
heard except to help pay for itself. If
it is not able to pay for itself, it is not
worth having. I believe that the organ
can be made to pay for itself in the re-
quired time"
n
view of the case.
unless we are allowed to use the
Auditorium to make money with" said
Mr.. Foster, I'VE will be unable to carry
this burden 1t has been the unanimous
sentiment of the association that unless
the city will allow us to control the
Auditorium we cannot afford to under
take the responsibility. We are just as
anxious as anybody can be to have all
the shows here we possibly can. The
only thing is we want it fixed so that
people will have to bring their shows
here in such way that the pipe organ
will get the benefit, and so that it will
not go to private individuals"
There is small chance for the favor
able recommendation of the pipe organ
contract in it's present form by the
ways and means committee. Council
men Ryder SWendSon and Neil are OBJ
posed to the plan proposed by the asso-
citation. Councilmen Neliis, Howe and
Grfley are more friendly to the associa-
TONS plan, however, and the sympathy
which all the members of the committee
have for the pipe organ project makes 1t
very probable that some sort of a COM
promise will be agreed upon.
The exact point of difference is wheth-
or or not the city council shall give tn
sive control of the bookings for. the
Auditorium. Some Of the councflmen
are unalterably opposed to having the
control of the Auditorium taken out of
the hands of the city, because they be-
lieve that 1t would not be approved by
the people. In order to get around this
obstacle, it has been suggested that the
city make a contract with the Pine Or
gan association that no pay shows
except those given for charity or by
fraterna1 orders, shall be allowed to use
the Auditorium except on condition that
all the proceeds of such shows are given
to the Pipe Organ association. Such an
arrangement would leave the city in
control of the building, but would do
away with the private graft, feature
| of leasing the building. Such a plan
would be entirely satisfactory to the
| Pipe Organ association.
No action was taken by the ways and
means committee, but 1t was decided to
| accept the invitation OF Frank Foster