The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-19
WON'T Be DROPPED
Councilman Montgomery Dis
cusses Fifth Ward Sewer.
Minority Report Is Being Drawn
Up for Presentation.
POINTS OUT DEFECTS.
Trenches Show That Rock
Talked of Doesn't Exist.
City at Sea for an Engineer to
Take Charge.
POINTS OUT DEFECTS.

Prosecution of the charges for mis-
construction of the Fifth ward sewer in
the district court Will not commence
until after the city election April 2.
F. G. Dreaming, city attorney, is on
the verge of sickness caused by siren
uous campaign and is unable to apply
himself to pushing the suit against
James McCabe and NJ w. Gilmore at
this time.
"I don't think that can get to it
until after the election said Dreaming.
Il have had some pictures taken of the
sewer work on Huntington avenue but
cannot do anything for several weeks
yet L am not feeling at all we'll"
J. J. Schenck, county attorney, to
whom the case has been referred by the
council committee on investigation.
says that it is up to the city attorney
to push the case. He states that IL
isn't his duty to start the wheels a go
ing in the district court.
The sewer committee which has had
charge of further Investigations VIII
bring in report to the council at the
next regular meeting of that body on
April l. Councilman Montgomery
chairman of the committee, is about
ready to bring in the report or the COM
mittee. The report will follow closely
which Montgomery was prepared to
hand in as supplemental to the report
of the majority of the investigating
committee. .-
"a number of features are covered in
the minority report which were not COW
cred in the report adopted by the coun-
Gil The report which the sewer COM
nittee will hand in will be along the
lines of this minority report, SAID MI
Montgomery. The features Whlch tue
ON rn
Fifth ward sewer was constructed ls
inches lower than the sewer into which
empties and that 1.040 feet OF the sewer
is shown by the prohles to have been
raised and work paid for which was not
performed; raise of the sewer on
Huntington avenue between Van Buren,
and Harrison streets on account or en-
eountering rock when they were in rock
already; that difference in the length OF
the sewer underneath the Santa Re rail-
road tracks where it was only 81 feet
when 1T was given, as 106 feet The snip
of paper. which it said was a demand
on Gilmore for $1,000 and which showed
some figures on it similar to McCape's
handwriting is a piece of ctrcumstantlal
evidence whiehu should have been no
ticed 1t was notobrought out IN the
other report but we will take II up IN
this report. These are a mum per OF the
things which we will call Afternoon To-
We have had a trench thirty-hVe rect
between Polk and Tyler streets near the
manhoIe., The trench is ten feet deep
and shows no rock We Will also olS
down in the alley between western
avenue and Polk. We have maze some
borings there and maven slruch any
rock for 20 feet
.'.The resolutionsof the council pro-
vided that the committee should con
suit with the city attorney upon ming
the report We will follow the terms
of the resolution Dut what II win ie00
to 1 don't know.
The construction of the extension 10
the Fourth ward sewer mas Deeh
held I'D all this time on account OF the
charges which were brought in con
naction with the Fifth ward sewer, M.
w Gilmore secured the contract for
the extension of the Fourth ward sew
er which is a small contract lnVolVihg
MAYOR W. H. Davis refuses to sign the
contract His reason for not signing
is that he doesn't want to involve the
CITY into any more sewer 1nVeStlga-
tions until he is sure everything III
connection with the Fourth ward sew
err extension is as it should be. A petit
tion from the property owners inter-
es+ed will he filed at the next meeting
of the council asking the mayor 10
sign the contract.
tension though Mr.. Gilmore has filed
his bond and stands ready TO Degln. II
any attempt should be made to read
vertise for bids it is proba BILE that Gill
more could bring action for damages
against the city
The property owners are wiling TO
accent the inspection of Sewer In
spector Engle and as the plans and
specifications for the extension have
been examined and found to be cor
rect thew are anxious to have the work
commenced ct once
The city is at sea for city engineer
The spring work is coming on, paving.
sidewalk construction and in addition
sDecial nieces of contract work such as
the Sixth avenue viaduct and the prob
able reconstruction of the city electric
light plant At present w. ]. Arnold,
draughtsman. is in sole charge of the
CITY engineers Office. James McCabe.
civ engineer and his assistant. w. E.
King. ara both under suspension The
former will probably never be rein
stated The city wishes to engage
CITY engineer and will be out hunting
for one after April 1st. The position
pays $135 a month and that of the
assistant $1,000 a year w. E. King,
assistant NAV be an aspirant for the
position Though charges were filed
against King. they were simply Incl
dental and nothing was proved King
has proved to be capable field man.
Members of the city council. however,
favor importing out of town talent.
Advertising for a man to fill the
vacancy has been suggested and may