The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-10-15
CLEAR up TITLE.
Hindrance to Transfer of
Waterworks Removed.
Judge Pollock Makes an Order
Fixing 1t Up.
WILL MEET VERY SOON
Council to Talk Over PROPOSE
tiOn Monday.
Bonds to Pay for Plant Already
Issued.
WILL MEET VERY SOON

| Another big hindrance was this morn
ing removed from the proposed sale of
the waterworks plant to the city of To-
peka- Upon the motion of Charles F.
Street, president of the water company,
Judge Pollock of the federal court mod
! flied his former decree SO as to give the
city a clear title to the plant if it is
bought by having it make payment in
bonds to the court, at which latter place
all claims now existing against the
company shall be filed, and freeing the
city from accepting any membranes
in the shape of liens.
There will probably be an informal
meeting of the city council Monday
night for the purpose of talking over
the waterworks situation. On Tuesday
night. President Street will formally
announce to the council that he is ready
to turn over possession of the plant:
Today President Street said to a
State Journal reporter: "Our work is
progressing very satisfactoriIy-mo
rapidly than we expected. in fact. We
expect to be able to offer the city a
perfect title within few days We
would like to have an opportunity to
present this matter informally to the
council before we ask them to vote I
would like to have the thing take some
sort of definite shape before leave for
New York on Wednesday. OF course
could come out here again most any
time, but 1t would be quite an accom-
modatfon If the council would wind the
thing up now"
The $S5o,o0o in bonds to pay for the
plant have been issued, and for about
six months have been locked up in the
vault of the city clerk, waiting for the
legal entanglements to be cleared away.
If the city council does its duty, the
bonds can be registered, signed and is
sued within "a hours, and the city will
at once take possession of the plant.
The legal status of the waterworks
case, as it is now called. is now much
simplthed- To make Judge Pollocl1'S 5
order clear. a little ancient history will
have to be revealed. <tS
After plans had been laid, and a
practical agreement reached by which
the city was to buy the plant for $780,
900, the Parkhurst-Davis Wholesale
Grocery company was burned to the
ground on February 13 1904 The own
ers of the building and the insurance
companies which protected the struc-
ture, claimed damages from the water
company for insufficient water pressure
and sued for sums aggregating almost
$350.000. Their suit took the form of
an intervening petition, asking that
if a judgment is allowed them, that it
be taken from the proceeds of the sale
of the plant to the city.
OF course, these damage SUITS at
much harder knot, and in fact practi
ca1ly stopped the whole proceedings.
The city was unwilling to buy the
plant with these possible liens So
President Street went before the fed
eral court today through his attorneys,
Rossington, Smith & West and asked
for an order that the court should take
possession of the proceeds of the sale,
payment to be made in city bonds, and
that all intervening petitions for dam
ages, should then be directed against
the money in the possession of the
court. To this Judge Pollock assented.
saying that he would draw up the
modifying order today.
The sole point back of Mr.. Streets
move was to hold up his plant to the
city, clear of any claims. suits for
damages or membranes beyond the
original first mortgage of $270,000 which
the city agreed at the first negotiations
to accept. To bring the matter to a
still better focus, the deal between the
city and the waterworks company for
a transfer. stands just exactly as it did
before the big Parkhurst-Davis COM
pany fire.
1t puts the matter directly up to the
city now to take the plant or to back
water. For some time the municipal
officers have been refusing to continue
negotiations because of the additional
tangle in the matter which followed the
ParkhurSt-DaviS fire, and since that is
cleared away. action may be expected.
The applicable for the modification
of the order was fled this morning.
Judge Pollock assented, but allowed
the attorneys on the other side, Loomis,
Blair and Scandrett, Barger and Hicks
of Chicago. Mulvane and Gault. and
Shoch and Monroe, an opportunity to
approve the form of the order. Mr..
Loomis added q slight amendment SIM
ply technical covering the sale of the
bonds if Judgment is rendered for his
clients. Judge Pollock suggested this
addition to the order. so there will be
no hitch in regard to it.