The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-11-25
MAY Be DROPPED.
Rumor That Grand Jury Won't
Be Called.
Officials Deny All knowledge of
Rumor.
MAY LET M'CABE OUT.
Statute Of Limitation Likely to
Be q Bar.
Mr.. Dreaming and Mr.. Schenck
Hold a Conference.

| city hall to the effect that further eff
forts to summon grand jury to in
vesugate the sewer scandals would be
abandoned.
1T understand that grand jury to
Investigate the charges of sewer mis-
construction will never be summoned.
Is that true?" was asked this morn
ing
who said so?" asked F. G. Dren-
ming city attorney. in sharp tones.
who said so?" inquired John
Schenck. county attorney, an hour
later.
Both gentlemen. confessed to having
held a conference this morning with
reference to the suits that the city
has filed against James McCabe, for
mer city engineer, and against Brooks
and Gilmore, sewer contractors.
. WHO owns that petition calling for
grand jury?" continued Schenck.
II would like to know who claims
that he has control of that petition.
AS 1 understand it If a petition has
been signed by a requisite number of
tax payers that petition asking for
grand jury has got to be presented.
Every person signing that petition
has got an interest in it. If you have
signed 1t you possess a certain inter
est and who is to say to you that the
petition shall not be presented"
There Is a rumor current that you
advised against presenting the petit
tion.''
soever over that petition. We have
no right to discourage it's presentation
and the only thing that 1 can do is
to see IL the requisite number of tax
payers has been attached to the petit
ton. Furthermore we are making no
efforts to discourage the presentation
Of the petition. II the petition is
properly. signed the grand jury will
be called"
IT understand that you claim that
the statute of limitation has run in
the suit of the city's against McCabe."
"I have nothing to say concerning
that; I am not an attorney In the case.
Ordinarily the statute of limitations
applies after two years and l under
stand that one of the counts runs back
to 1890 but 1 don't know what effect
this may have in the present instance.
I am not prepared to say"
YES I know all about this statute
Of limitations" said Dreaming. But
we have got scheme so that we can
get around that ali right. don't know
how Mr.. Schenck feels about the suit
but I am led to believe that he sees 1t
in a new light now that he understands
the facts more Clearly. of course there
is no use in having grand jury If we
are not going to have the proper aid
from the county attorney for after
grand jury is called the county attor-
ney is the man then and we of the
city attorneys office have no standing"
There has been more or less of
clash between the county attorneys
office and that of the city attorney.
There has been feeling existing at
the city hall that obstacles would be
thrown in the way of the prosecution
of the Fifth ward sewer suit on account
of this rupture. In the first place some
feeling was created when r. G. Dren-
ming, city attorney, went ahead and
circulated petitions calling for grand
Jury without having first consulted
with the county attorney as to the de-
tails of the suit. AS the county attor-
ney is the only attorney permitted I'M
der the law to advise with the grand
jurors it was suggested that 1t was due
to Mr. Schenck to be advised in adj
vance Of the suit before circulating the
petitions for a grand jury. Mr.. Dren-
ming however neglected and not until
today was personal conference arranged
between the two to talk over the evil
dence so far gathered and the presenta-
ton of 1t before a grand jury
Dreaming seemed to be more sanguine
after his conference with the county at
torney and seemed to think that all diff
ference of opinion that might have ex-
listed had been cleared away In favor OF
a better understanding.
It was stated this morning that the
statute of limitations even If it did ap-
ply in the case of James McCabe
would not apply in the suit against
Brooks & Gilmore, sewer contractors,
who are being sued on the bond fur
niShed The claim Is made that the sta
tute has not run as against the con-
tractors. It is probable that only one
suit will be pushed first, that of the
Fifth ward and that the suits which
might arise out of the Sixth ward sewer
construction will be held pending until
the outcome of the suits already filed
has been determined.
Joseph Mcdonnell, of Burns, and Me-
Donnell of Kansas City, who Is the con-
sulting engineer for Topeka in the pres
ent sewer troubles, were called into
conference held yesterday afternoon at
the city hall in which the sewer COM
mittee, F. G. Dreaming, city attorney,
and Mayor William Green participated.
Mr.. Mcdonnell advised the committee
concerning the proper manner In which
to arrange it's data from measurements
and inspections made of the Fifth ward
sewer, Remeasurements will be taken
of the sewer commencing the latter part
of next week upon plan suggested by
the Kansas City man, 1t is probable
that these measurements will be check
ed over later by an engineer employed
especially for this purpose,
Mr., Ellis, whose report was gone over
yesterday afternoon and who was en-
gagged by the council early this spring
to inspect the Fifth ward sewer and
who submitted a whitewash report has
died within the last two weeks, This
news was brought to the city by Mr.,
Mcdonnell, who knew the man. Ellis
lived at Oklahoma City and would nave
probably been subpoenaed to appear
before the grand jury here as one OF
the witnesses.
E, II, Miner Arrested,
Two city detectives last night arrest