The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-05
WON'T STAND 1T.
City Council Refuses to Apply
Sewer Whitewash.
All Evidence Turned Over to
County Attorney.
THAT ELLIS REPORT
----sp4I Aufs ps-
1t LIZ Considered Unsatisfactory
by Everyone.
Action of Council Committee Is
Commended.

1
over to the county attorney and it will
now be tried out in the district court.
F. c. Dreaming, city attorney, had a
conference with the county attorney
this morning and will turn over to the
| latter all of the data and other evil
dence which have been accumulated.
James McCabe, city engineer, and
! W. E. King. assistant city engineer,
will still remain under suspension.
! The special investigating COMMITTEES
of the council and the council itself
| refused to accept the report of J. f.
Ellis, the expert engineer who came to
Topeka and made an investigation, as
conclusive and ordered the city attor-
ney to confer with the county attor-
ney preparatory to a deeper and fur
ther investigation in the district court
Grand jury or civil action in the
district court, either one of these
alternatives, will be followed by the
city. 1t will depend upon the evidence
and the attitude toward that evidence
which may be assumed by County At
torney Schenck.
If the county attorney thinks that
further evidence should be secured
and that the conditions seem to indi-
cate a considerable degree of gravity a
grand jury will doubtless be drawn
and an inquisition started. If other
wise the city will doubtless sue to re-
cover on the bond of the city engineer
and probably on that of the contractor
for miScOnstruction of the sewer,
especially that part on Huntington
avenue between Polk street and West
ern avenue.
This part of the sewer will be re-.
built at a lower level without cost to
the abutting property owners. This
was the portion of the sewer where
the sewer was raised about four feet
on the claim that rock had been found
to fI,n ,-fC GIL e-1
vestigation showed that the rock was
at a considerabl lower depth.
The action in the district court may
cut both ways. 1t may catch Gilmore
as well as City Engineer McCabe and
Assistant City Engineer King. The
temper of the city council was indi-
Gated when Councilman Ryder said:
Il want every one to realize that this
is a two-edged sword and that ii is
likely to cut both ways.
IF this man (referring to Gilmore)
has perjured himself 1t is understood
that he win be prosecuted for telling
an untruth. We don't care how and
where this may cut
c. G. Blakely, who resides in the dis
trfct which the sewer serves severe
~ criticised the report of J. F. Ellis.
the expert engineer and stated that it
was biased and that the people were
not satisfied with it at all. II believe
that the committee has done the right
thing and 1 compliment them, but
want it understood that we won't ac-
cept this report as worth a snap. This
report does not satisfy the public. 1t
is biased. 1t would not satisfy a half
grown man who has been down there
and knows the conditions as they are.
It's biased wnitewash.''
They can't do too much to suit
me-" said Councilman Nipps. "I don't
care how much farther they investi-
gate. I wrote the report which called
for an investiga ton of this in the
court
ST think that the report of the COM
mittee is very fair, very sensible. If
the people are fair they can't find any
objection to this report" said F. G.
Dreaming, city attorney.
81 believe that this committee has
done everything that it was possible
for it to do said Ryder. "They have
sifted down everything. The investi- |
gation has net been smothered. If
there is any gentleman here tonight |
that can furnish any new information |
why we would be glad to have you do |
so. l don't believe the committee |
could do more if it existed for six
months longer
Committee Is in Earnest.
Though considera BILE criticism has !
the part Of those who read 1.-THE full |
some praise which pervades all of it |
dragging it down into the mire and be- |
ing self explanatory. the action of the |
praised when it proposed the following |
resolutions:
Whereas. NJ w. Gilmore. resident |
Of this city, has appeared before the |
special committee appointed 20 inVes- |
tigate charges of corruption against |
officials of our engineering depart
ment, and made affidavit that he paid |
sums of money, unlawfully. aggregat- |
ing s2,625. to our city engineer, ]. F. |
and,
Whereas, This committee has only
limited powers in making investigation |
of this kind. and no power to secure |
papers or compel witnesses to appear
and testify before it. and believing
that everything should be done that can
be done to establish the truthfulness or
falsity of such charges; therefore, be
Resolved, By the mayor and council
that the city attorney be and is here
by directed to lay before the county
attorney contents of such affidavit and
nish all information. papers, documents,
data, and render any assistance that
may be needed in the further investi-
cation of this affair in the district
court of Shawnee county,
A discussion over the question of ac-
eeptance or of adoption Of the report |
some time. the-final vote be-
ng in favor of accepting the report
viii leave the report in a spositfofrf
where it can be subject to amendment
before its final adoption. and leaves
he subject matter still open for fur
her investigation.
The investigating committee consist
I'd Of Couneilmen Nfpps, Montgomery. |
Howe, Horn and Ryder.
On the vote to accept the report ev-
ary councilman but Jordan voted in
'avor of it. Councilman Jordan took
Exception to portions of the sewer re-
port and held that there were a num-
Der of places where the sewer was de-
SctiER /
rom the committee that there was
My one serious defect.
The report of the committee was ex-
The most interesting secfien
elatas tia 1,f