The Topeka state journal., 1905-02-07


councilman from the, Second ward and
plainly showed his displeasure-
Councilman Holiday made moIlo1l
that the monthly appropriation OIuln-
ance be reduced by $11l.50, the amouht
of Chief Stahl's bill less 81 in postage
exDended Before passing on the mo
tion Councilman Green stated that
though it had been customary lot I tile
city in the past to allow the claims ilAe
the one mentioned still he thought IL
would be a wise thing to discover
whether there was legality IN tldl 9O-
of action and was therefore in IaVot OF
voting IN favor OF F1oliiu"S -. %1-jf51
Councilman Howe took issue IL -
Councilman Green and stated thdt ne NC
thought the bill should be allowed tniS
month and then inquire into the lese''
on a vote the motion was carried ana
the claim rejected 1t is now up 10 1ns
chief of police to start action under plc-
cess of law to discover whether ms
claim could be justly allowed or not
Councilman Griley then arose % %an9
took a shot at the absence OF the chlsA
of the police department from attsllu- ny,
ance on the monthly meeting OF iie tlie
council. He stated that he saw lne
other heads Of the city's departments
present but failed TO recognize the pres
ence of the chief. Councilman Nells
quickly jumped to his feet and said. lie
IS out attending to his duties as he
should. He is making it safe Tor you
and me to walk home tonight as 1t IS
his business to de- .
Councilman Griley TIA IN reported: II
he is so anxious to look after the law
he ought to see to 1t that he should
obey the law himself; the law states
that the heads of the departments must
attend the monthly meetings OF the
Here Here Mayor BergundthaI interjected:
Il guess we have had enough OF this,
at the same time cooling his wrath with
some degree of effort
on the suggestion of the city at
-torney the city council Will oeclde 20
, meet in regular session this evening
ia 90 over the title of the water works
property again. Mr.. Spencer SAID,
ssrThe attorneys for the Topeka water
works company and Mr. street want
the assurance OF the Guy outsett .li,.e
stafenaent as to what they want
done and agree to take the prop
erty if in turn the company follows
IN these wishes and fulfills them
Thev don't want to go ahead unless
| they are sure that you will be Wiling
to take over the plant when they nave
completed your expressed Wlsh- 10 my
mind YOU have arrived as near as you
ever will get to the solution OF this
difficulty. The attorneys for Mr.. Street
tell me that they will not bring any
suit which viii involve and disturb
! the second mortgage bond holders
They will bring suit entering in the
third mortgage bond holders. But
Mr.. Street states to me IN letter
received that he has secured the agree
ment Of the holders Of $537, 900 Of
the S550.000 third mortgage bond
holders stating their compliance to the
appOintment of the Pioneer Trust COM
pany as trustee and that he will turn
over to the city something like $500,
! 600 of the second mortgage bonds
! This seems to me to clear away the
difficulties and is about as near as
YOU will ever arrive at a solution. The
{ -. t. -. ar
i a meeting and go over this with the
city's attorneys and the attorneys for
the water company" Councilman
/ Ryder Immediately rose in opposition
| II don't intend to have the respon-
sibility placed on me for the accept
ance of this title. I don't think that
/ the city council can take up or is able
| to take up this matter. We haven't t
the judicial mind. 1t is for our attor-
ney to decide whether the title is
good enough to take or not, not the
mem berS of the council. If he says
the title is good all right and good
enough, I am satisfied to take The
plant but If he says not I don't want
| it. 1t is for him to decide not the
members of the council or myself.
And I for one won't accept the respon-
sibility.'
Il have given my opinion of the
! title in writing said the city attorney,
DO you call the title good?" de-
manded Ryder.
"Weu, then I don't want it," stated
the councilman from the First ward.
The city engineer submitted plans
and specifications for a detention hos
pital TO take the place of the poorly
constructed affair now serving that
duty. The total cost for a two story
frame structure of four wards. up to
date and modern in every particular
would be. according to the plans sub
mitted, s6.519.31. divided as follows:
Masonry, $1,212.50; carpentry, $1,703. 81;
4 mill work, $707.-60; plastering, $547.06;
plumbing. heating and ventilation, ST.,
SO; painting, SIG; retaining wall and
extras, $4S2.
Spitzer & Co.. of Toledo, Ohio,
through their agent, Samuel NJ. Smith,
last night made an offer to take up the
troublesome Fifth ward sewer bonds
and made a bid to take them at par and
pay the accrued interest until the time
for the payment has been made by the
company. The offer of Spitzer & Co.
was accepted. The bonds were turned
down previously on two different oc-
/ casions over a legality connected with
the fact that the city exacted only the
same interest from the tax payer or
the deferred payments due for the i'm
; provement as was specified in the in
terest which the bonds should beal
while the law stated that regardless OF
: the amount the interest which the
bonds draw the inter est exacted from
J the tax payer should not exceed pei
cent. On this account both Albert T
: Chase cf New York and the knights
I and Ladies of Security stated thai
! inasmuch as the city was not comply
; ing with the statutes in exacting only
the same amount of interest as the
bonds drew that they could not make {
: purchase. Splitter &, Co. state that this
: question does not bother them and tha'
: they will make the purchase. This
+ same firm already holds a number o.
q the city's bonds.
The Excelsior Coke and Gas company