The Topeka state journal., 1904-12-30
City's Lawyers Pick Flaws II
WaterWOrks Deal.
Transfer OF the Plant May Be
Long Delayed.
ABSTRACTS IMPERFECT
"Frenzied Finance" Also Makes
Trouble i'm the Title.
Council Orders Legal Report
Printed for Distribution.

It is very safe to state that the trans
fer of the waterwOrks plant from the
Topeka Water company to the city of
Topeka will not take place on the 1st
of January as first announced. In the
report of the title of the waterworks
property which City Attorney Spencer
prepared for the council Thursday
evening it was shown that there are
abundant legal questions to be solved
in connection with the furnishing of an
absolutely claer titlfe to render it i'm
possible for several weeks at least 10
make a transfer to the city. The title
of right of way which the waterworks
property possesses for its mains is a
matter which promises of easier solu-
tion than the one in connection with
the numerous bond issues which have
been made and mortgages entered into
and forecIosed
The report is a voluminous one and
covers exhaustively the whole ground
of the title. Appended to the report
upon the legal transactions which are
evidenced by record is a summary of
recommendations and opinions as held
I'm conjunction by City Attorney Spencer
and Special Attorney Mcfarland and
also their differing opinions. a further
recommendation is made by the city
attorney to the council that the vary
in the matter be weighed carefully and
considered and that one should not be
accepted as against the other.
The waterwOrks of the city as out
lined in the report has been in the
hands Of several corporate bodies and
this is a fact which aids TO make the
tile complex in character. The owners
as outlined are as follows: In 1881 the
Topeka Water Supply company was
created under an ordinance passed by
the city council. In 1891 the Topeka
Water Supply company passed into the
hands on January Or that year to the
Topeka Water company, organized un-
DER the statutes of Kansas. The same
was purchased by Chas F Street on
the 9Th of August, 1896, for the sum of
$525,OOO- Later in the same year on
the 21st of September Mr. Street trans
ferred the company to the Topeka Wa
ter company for the consideration of
SL500,000. The latter organization and
the one which is at present in the
hands of receiverShip was organized
under the laws of New Jersey The
first legal tangle which arises is over
the title of the right of way for the
mains as now located in the vicinity of
the Rock Island tracks leading from
the waterworks plant into the city's
limits The records fail to show thai
the waterwOrks company secured a
legal right of way from the Topeka,
Salina and Western railway the orig
inal builders of the portion of the Rock
4S4dAll ldlllO OdQ III question ana Inat IN
the transfers of the right of way to
the Chicago, Nebraska and Kansas and
finally the Chicago and Rock Island
II IS stated that no mention is made of
any title of right of way issued to the
water company for it's mains upon the
railroad property, and the opinion rem
dered to this point is that the Chicago
Rock Island and Pacific had no power
TO grant the right Of way to the Wa
ter company, such a grant being for
other than railroad purposes without
the consent of the parties who owned
the fee title to the land over which the
Fafd railroad rights of way were locat-
ed Further in the opinion of the at
toFneys the Topeka Water company
never acquired any legal title to any
part of the right of way along which
the water main is laid on the railroad
right of way and the said water mains
are maintained as now laid at the suf-
ferance and option of the railroad COM
pany.
In the maps and plans possessed
by the company giving the location
and extent of their mains, the length
given in one description as running
2l2 rods east along the Rock Island
railway from the waterworks plant in
reality extends further to the east bv
80 rods, and there is nothing to show
In the way of a deed for the additional
number of rods.
In the right of way of the mains
from the track through the Knox
property another hitch occurs. The
water company agreed to pay. $500,
or in lieu of that sum to furnish J. D.
Knox with water as long as the prop
erty would remain in his possession.
or in case of sale to other parties
water should be furnished to them.
The recommendation is made that the
Topeka Water company should dis
charge this obligation through the
payment of a certain sum of money
and thus release the city from any
1uture payments to be made for this
right of way.
No title TO the right of way across
lot 1 on Avenue in Lindenwood's
ADDITION exists The recommendation /
Is that the title necessary be secured
from the owners of the property.
Owing to changes which have been
made by the river in the vicinity of
the old pumping plant at the foot of
Harrison street and the practical /
washing away of the island which is
enumerated as one of the holdings of /
the water company, it is recommend |
ed by the report that survey or ex-
animation be made of the property |
=: M boundary marks. The report |
states; The mayor and council ought /
TO examine these maps and records or |
cause the same to be examined |
through the engineering department |
OF the city, for the purpose of determ-
inlng whether they are sufficient and /
II not should require such further
maps as may be necessary in their
judgment to fully show all lands and
rights of way. The mayor and council