The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-03-24
COUNCIL SAYS NO
Won't Permit People to Vote on
Water Management.
viii Ignore the Law Passed by
Legislature.
MIR. SPENCER'S ADVICE.
Hadn't Time to Investigate New
Measure.
Kutz, Rice, Howe, Skinner and
Hughes Defeat 1t.
HR. SPENCER'S ADVICE.

!
terworks plant as provided for by the
bin passed by the late legislature. In
other words the council refused to take
the management of the plant out of
politics The following section of the
law was primarily responsible:
Section z. No extensions to said
| plant or plants shall be made by any
board of commissioners until there shall
be applications made for and agree
ments signed by persons along the pro-
| posed extension in sufficient number SO
that the revenue from said proposed ex-
tension will in the judgment of said
board be ample to justify making such
extension, nor shall any extensions,
mains or lines be constructed by said
board for political reasons or on account
Of any combination between such board
and any other city official, and should
such board extend any mains or lines
for political reasons or by entering into
\ a combination with any other city Off
cial to do SO, or shall refuse to extend
such mains or lines when it is shown
| that the same will be profitable to said
plant or plants, for such offense said
board shall be removed from office;
| provided, that the provisions of this act
| shall not apply to any city until sub
mitted to a vote of the people and re-
ceive a. majority of all the votes cast at
such election"
The action was precipitated by the city
/ attorney VINO ADVISED against acllOn Oh
| the spur of the moment. The city attor-
| ney stated that as far as he could see
| the new law provided for no further
| powers Beyond those already granted
| under the city charter act and further
/ upheld by the supreme court Of this
state which has held that the city has
the right to purchase a waterworks
property and in consequence, to man
| age it. The city attorney stated that
ne had not the time to look into the
/ law. That he had just returned, that
/ the law was only published last week,
4 Friday, and he had only returned to
the city Wednesday and had in conse-
quence only two days to examine it in
detail. In actual point of time however
the city attorney is wrong. Though the
law was not published until the time
\ and did not go into legal effect until
| last week the law was available several
weeks since and could have been Sc
cured by him. Enough time has elapsed
/ in the interim for him to have examin-
ed into the law and its relationship
with the privileges granted by the city
charter act
From a mere standpoint of techni-
cality this probably would not be JUS
[ titled but from q common sense stand
point it would have been. There was
every reason to suppose that the mere
effect of punishment would not alter
! the reading or body of the law as
When asked on the part of
the council with reference to his
advice to the council the city at
| torney said, ssIf I was memb of the
! city council it would be very serious
question with me whether I would
consider it advisable to submit this
ordinance for a vote by the people at
| the present time seriously question
whether the new law providing for
the management and control of the
wateTworks grants you more power
| than is already granted you by the
city charter act. It is true it takes it
more largely out of politics and makes
civil service more of an established
reality. Under your proposed Howe
ordinance for the management of the
plant you appoint a board of COM
missioners who have supreme control
but you have no right under the
statutes of the state, if you don't adopt
the new law, to appoint the board of
! trustees or commissioners for a longer
term than two years. Nor has the
board the right to appoint the en-
plOyes for a longer time than the
same duration. There are a number
of things in this law which would
hamper the city in its management of
the plant I consider it very ques-
tiouab1e whether you gain anything
under this law. Under your general
powers it looks to me as if you had all
the powers and privileges that you
now need"
Councilman Howe, who called the
attention of the council to the section
of the law which caused the hitch,
said: 81 certainly believe that extern
4
made and people on the outskirts of
the town who have been paying for
the past 5 years should receive some
of the benefits for which they have
been paying. There is going to be
some trouble when the people find out
that they are not going to receive fire
protection from the city which they
had a right to expect when the plant
would come under city management.
would like to have the opinion of the
city attorney on this matter
Spencer then stated his opinion
upon section Z, printed above claiming
that it was ambiguous in it's specifica-
tons.
Councilman Green arose in defense of
the section and stated that he consider
ed it a very wise provision.
Councilman Swendson: It would like
to ask the city attorney if the city can
tax the property owners for hydrant
rentals for city purposes
City Attorney Spencer: 81 very seri-
ouSly question whether such a tax can
be placed. I am Of the opinion that it
cannot"
bers of the council to go slowly and de-
fer action until the city attorney and
the remainder Of the council had looked
into the law carefully. Il am of the
opinion" said he, that you will find
number of compiled tons present them
selves a. few weeks later which you mad
never dreamed of before l believe we
should go along slowly.
This sentiment appeared to be in the
majority and carried by vote of ; to 3,
the motion to pass the ordinance los-
ing. Ayes: Griley, Green, Nelis, SWend-
son and Mel; nays: Kutz, Rice, Howe,
Sinner and Hughes.
It is evidently the intention of the city
council to operate under the Howe or
dinance until they decide it is advis-
able to put the matter to vote. This
Dlan OF mana gement will probably be
in operation for the next three or four
months.
Following this the council adjourned |
IN a committee OF the whole to act upon /
the Howe ordinance which the previous
sessions of the committee had not final /