The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-01-15
TO USE The PROBE
City Council Takes Up the Graft
Charges.
Appoints Committee to Make an
Investigation.
BEFORE MIR. SCHENCK.
County Attorney Says ''Get the
Evidence"
Engineer .McCabe Brands the
Charges as False.
Assistant Denies That He Got
Money for a Trip.

1
/ investigation will be but 1 am dead
sure that we want to follow this right
out and if there is any crookedness we
want to know about it," said Mayor
| w. H. Davis today. 'I think the
committee which is going to investi-
| gate into this is as fair and impartial
as could be secured and 1 think that
every man intends to do the fair and
square thing
1t has developed that an attempt
was made to throw the prosecution of
| the case into the hands of County At
torney Schenck but the county attor-
ney advised members of the city coun-
ell to gather evidence before trying
McCabe in the court. The statutes
provide that a fine of from 5000 to
$1,000 can be assessed upon convic-
ton or imprisonment of from one to
seven years in the state penitentiary.
McCabe claims that Gilmore has got
it in for him because he has held him
strictly to account on his contracts.
King Denies Receiving Money.
William King, assistant city en-
gineer, said today: 1.-The whole thing
is so preposterous that 1 don't know
what to say 1t came like a bolt out
of a clear sky. The whole thing has
completely floored ME and 1 don't
know what else to say but it is a plain
lie. 1 never got any money from Gill
money I-had was $50 1 drew out of the
bank ami the money that got from
check for wages from the city. l asked
the mayor for this check in advance of
the council meeting in order that l
might leave and have some money. 1
got the mayors consent to this and he
remembers. I had about $40 alto
gether and if got $125 from each
have had about $3.50 instead of what
had am going to stay right here
and fight this thing to a finish. I-see
Gilmore claims that things are crook
ed on the Fourth ward sewer exten-,
sion.
II am going to ask and demand that
an engineer of known ability be hired
to check over my work on that exten-
sion. My books are there al the city
engineers office and I want this man
to take my books and check over all the
work that 1 have done. think that he
will find my work checks through all the
way. If there is any little mistake it is
due to the fact that l had green help
but L am willing to stand by the mis-
takes that they have made L am will
ing to take all the blame on my shoul-
ders. Gilmore claims that my tapes
which L used in measuring are short.
Those tapes are locked up in the vault
at the city engineers office. / ask any
engineer of recognized ability to check
over those tapes and they will find
property together and show just how
and where 1 have got all that I have
got in the last few years and where it
has gone. / think I can do this though
it is going to be hard to dig up every
thing.
''I have engaged attorneys to repre-
sent me. I have tried to be honest, and
it hurts me worse to have a thing of
this kind come up than if I were not.
The only explanation that I can give
for this charge is that Gilmore is sore
on me and had a personal grudge. We
have had some little trouble with him
to keep him to the contracts and Iguess
he is trying to get back at me in this
way
Ask for Affidavit.
M w. Gilmore will be asked to
make an affidavit this evening at 1880
before an investigating committee of
the council that his charges which he
makes against James McCabe. city en-
gineer and William King. assistant
city engineer, are true. Gilmore will
be the only one to be called up by the
committee. He will be asked to go ov-
er his charges carefully again and then
sign an affidavit which VIII show in a
legal action that Gilmore is prepared
to stand back of the charges that he
made to Coun Gilman G. E. Jordan.
The committee which will handle
the charges and probe them to the
depths is headed by Councilman F. E.
Nipps. and consists in addition of
Councilmen Horn. Montgomery, Ryder
and Howe. The committee was ap-
pointed at a meeting of the council
which was held last evening and which
just lasted long enough to present a
resolution calling for the appointment
of a committee and the naming of the
same by Mayor Davis.
The office Of city engineer is in
charge today of Walter Arnold,
draughtsman in the city engineers Of
flee and will remain so until James
McCabe, city engineer is cleared or
convicted of the charges made against
him. Mr.. McCabe and William King.
until the investigation is completed
''It is all a lie. 1 never asked for a
cent of money and never received
any" said Mr.. McCabe when called be-
fore the executive session of the coun-
ell held in the mayors office yester-
day afternoon commencing at 2
o'clock McCabe was notified of the
charges which were lodged against him
and was asked to appear and explain
A profile map of the sewer was ex-
hibited by the councilmen and McCabe
was asked to point out and offset if he
could the charges made by Gilmore, the
able to explain away some of the cloudy
points to the council but some remain
on which they are still In the
dark. The city Engineer stated to the
council that the contracts for sewer
work are let by the lineal foot. and
that lowering or raising the sewer
depth could not play an important part
on the contract or any claims of graft
except where there was rock excava-