The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-07
DRENNINCExC|TED
Thinks Paving Scandal Is to
Be Sidetracked.
Ready to Push Claims Against
Contractors.
HE WILL GIVE UP.
Won't Run Counter to Council
Instructions.
Mayor Green Says Attorney
Was Too Hasty.

ST want the people of Topeka to I'M
derstand where the responsibility
rests, that it isn't on my shoulders,
but that of the mayor and council. I
have stood ready at all times to push
| this excess paving charge to the end
and have attempted time and again to
secure figures for the Fifth ward sew
er in order to bring suit, but city Of
hcials refuse me those figures" these
were a few of the preliminary SEN
fences uttered by F. G. Dreaming, city
attorney who returned today from
the west after an absence of several
weeks. ~.
'.It is my belief that this paving
business is going to be buried as deep
as this sewer scandal has been buried.
1 have attempted at various times to
get figures from city officials here of
late on that Fifth ward sewer in order
that 1 might start some sort of pro-
ceedings but 1 meet with rebuff on
every hand" continued the city attor-
ney.
The city council has been disporting
about in the absence of the city attor-
ney and every bit of pet law action
that the city attorney has been pri-
marily interested in and fathering has
been hacked into little bits by the
council.
The members of the city council
and the mayor do not think that the
city attorney acted wisely in bringing
suit against Hanfey and Richie for
claims of overcharges for paving
DONE They want to withdraw the
suit.
Just what I thought they would
do" commented Dreaming when he
became informed of the action of the
council during his absence. 81 con-
ferred with the council regularly as I
went along with the investigation of
this paving business. They were made
ACQUAINTED with what was found.
bring suit and 1 went ahead. 1 don't
deny that they have the authority to
instruct me what to do and If they
want to withdraw the suit I will fol-
low their instructions because I can
not do anything else. But the suit
could be won. The defendants have
not filed any answer and I don't be-
lieve they could make any sort of
81 don't know what Dreaming
found said Mayor Green. ''Why
should we start a suit when we don't
know what~was found 1 never saw
the report Of Prof; Harshbarger, who
did the measuring Of" the pavement.
Even if the report rs correct we have
no right to assume that Hanley and
Richie are dishonest in advance. For
years it has been the custom for paw
ing, contra tors to bring in bill of ex-
tras where such work was found nee
essary and file it with the city engi-
neer, who allowed 1t. Granting that
1t was not in accordance with the law
and that the bills should have been
filed with the city clerk and allowed
by the council. it still had been done
for years and Hanley and Richie were
simply following a precedent.
"If they were overpaid, think We
could have settled it without going
into court. 1 don't believe in rushing
right into law suit at once, because
overcharges were found"
The report of the Fifth ward sewer
charges is still in the hands of the
sewer committee and the city engi-
neer. A report is expected to be made
public. but it is claimed there will be
nothing of a startling nature I'M
earthed beyond what has already been
verified, of demonstration of a por-
ton of the sewer between Tyler and
Polk on Huntington avenue.
Another slap which was handed
Dreaming in his absence is an order
detailing him to represent the city in
the suit of the state against the city
to enjoin it from paying over $500 of
money allowed illegally, it is claimed.
to Marshalls band during last year.
The city attorney borrowed the use of
the states name in the suit and now
comes an order from the city to repre-
sent it's interests. Mr.. Dreaming is
therefore acting as attorney on both
sides OF the law suit.