The Topeka state journal., 1906-06-01
Clay Center Meets a Stumbling
Block in Topeka.
Coleman and Williams Object to
Registration.
CLAIM BONDS ILLEGAL.
Issued to Pay for a Municipal
Light Plant.
Result Of Lively Contest Over
City Ownership.


Attorney General c. c. Coleman, and
his law partner F. J.. Williams, are
carrying their fight against municipal
ownership in Clay Center into the state
offices. MT. Coleman has filed pro-
test against the registration by the
state auditor Of the $4,000 worth OF
Clay Center electric light plant bonds,
which were voted by the people OF
Clay Center some time ago. The bonds
are now in the hands Of the state audi
tor. and their registration is held up
TO give Mr.. Coleman chance to be
heard.
The objection which Attorney Cen
eral Coleman, acting as attorney for
the Clay Center corporation which has
fought municipal ownership. viii urge
TO the registration of the bonds is a
purely technical one. They have discov-
cred that the bonds were voted for the
purpose of building a plant to furnish
light. heat or power. Their contention IS
that Chap. 101. Of the session laws OF
1905. under which the election was held,
authorizes city TO vote bonds for
light and heat plant. but not for
power plant. The title of the act is as
follows.
An act authorizing certain cities to
issue bonds for natural gas, water,
light, and heating purposes.
While it was evidently uninten-
Sional omission of the word power
the attorneys for the Clay Center cor
pOration hope to use it to defeat the
registration Of the bonds and the con-
Etruetion of a municipal lighting plant.
Chapter 115 of the session laws of
1900 also relates to the public utilities
proposition, and provides for the man
ner of control Of municipal plants. This
Bection specifically provides for Tight,
heat and power plants. 1t was thus
evidently within the intention of the
legislature to recognize the right of
cities to assume charge of plants equip
ped to supply power as well as light
and heat
d. A. Valentine. editor of the Clay
Center Times. and clerk of the Su-
preme court who made a hard fight
for the purchase of a city lighting
plant for Clav Center. is now looking
after the registration of the bonds.
The bonds were left In his charge by
Mayor Hanna OF Clay Center some days
ago.
1t is likely that the bonds viii be
registered by the state auditor unless
Mr. Coleman and Mr.. Williams can
advance some stronger argum ents
than have yet been suggested. In case
the auditor IS in doubt about his right
to register the bonds, he will notify
the Clay Center authorities, and give
them chance to be heard in defensS
OF the bonds.
The law requires that all municipal
the state be offered to the school fund
commissioners before being sold any
where else. Mr.. Coleman is one of the
members Of the board of school fund
commissioners.
The fight which was made on the
adoption of the city ownership prOpo-
EitiOn at Clay Center was led BY Mr.
Williams and Mr.. Coleman They are
the attorneys for the Williamson
Milling company which owns the
water power at Clay Center, and a big
flour mill. This company has been
furnishing electricity in addition to
running the flour mill tt wanted a
renewal Of its franchise. but in q hotly
contested election last spring the
franchise was defeated ana the $50 600
in bonds were voted to install a city
electric light plant
The city already owns the water
works plant. The chances are that the
city will not buy the dynamos and 9th
er equipment which the Williamsons
have left on their hands. but some deal
may be fixed I'D for the purchase bv
the city of the distributing system
which the company owns IN Clay Cen
ter.
Two OF the banks in Clay Center
have agreed to buy the 100000 issue
Of 4 per cent bonds. so the people of
Clay Center are not worrying about a
market, II they can get the bonds
registered. They are not depending
upon the school fund commissioner
TO buy the bonds. OF course if Mr.
Coleman thinks the bonds are tainted
or Illegal IN any way he will be obliged
TO advise the school fund commissions
ars not to make the purchase.