The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-05-31
DRENNING TOLOOKlTUP
Undecided About the New Water
works Law.

City Attorney Dreaming says that
there may be some question with re-
gard to the time when the law govern
ing the management of the waterwOrks
should go into effect. He states that
owing to an apparent conflict in the
provisions contained in the law stating
when it shall go into effect that it is
possible that the law goes into effect
without being referred to vote of the
people.
The question arises over the latter
portion of section Z which says:
Provided that the provisions of this
act shall not apply to any city until
submitted to a vote of the people and
receive a majority of all the votes cast
at such election" and section which
states. This act shall take effect and
be in force from and after its publica-
tiOn in the official state paper"
The city attorney states that though
he has not had any time to look UP the
matter and does not care to express any
opinion ne thinks that point of law
may exist
Il think" said he. that there is some
question whether a referendum law
such as the latter part of section
seems to involve would constitutionally
hold. The legislature is the party to
say when the law shall 80 into effect
and not the people. I think that it may
be possible that it would be held that
section would hold as against the lat
ter part of section z. However, would
not want to definitely state my opinion
until I had examined into it at length. 3"
Judge Hazen was asked to give an
opinion but demurred. He said: There
Is doubtless a point of law involved
there 1t might be settled in a hurry
and it might take some little time. /
don't care to pass any opinion"
Councilman Howe said: Il don't think
there is anything in that at all. We
have had the matter of local option
before and I don't believe there is any
point involved I think all this talk is
nonsensical We have the hedge law,
passed I believe along in 1871 or 1872,
which makes it possible to accept that
law on a vote by the people. That it
should go into effect on q. vote by the
people and yet there is no question but
that it stated that it should go into
force upon the publication in the Off
ciaI state paper. There are other laws
too"
Councilman Griley was worked up
and evidently was under the impression
that Councilman Green had secured the
opinion in order to force the acceptance
of the law upon the people without Civ
ing them the privilege of voting upon
It, He said: This looks like politics
to me. Here the people down in my
ward expected to get cheaper rates ana
extensions so that they would have fire
protection. 1t looks now from the way
that they talk that we are mot going to
get that that 1t VIII take years DeloIe
we can expect it. I want these men
who fought for city ownership to get
up now and show themselves, to tell the
people that cheaper rates and extern
sions won't come yet We held back
but they promised, now let them get up
and explain"
Councilman Green says: It didn't
make any assertion about the law
points involved in the waterworks law.
I simply stated what had been told to
me by a good attorney, not the city at
Gorney either"
A resolution will be introduced at the
council meeting Monday night instruct
ing the city attorney to examine into
the question at length and to return an
opinion.