The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-27
Little Chance of Fixing Up
Drainage Problem.
Federal Courts. Will Undoubt-
edly Grant Injunction.
CHANGES ARE NEEDED
Just a Question of What Should
BE Done.
All the Railroads Contend That
Plans Are Unfair.


be permanently enjoined from taking
any portion of the thirty-five foot right
of way for distance of $500 feet of the
Kansas City Southern railway and using
it in attempting to widen the channel of
the Kansas river.
This is acknowledged both by Charles
Blood Smith, special master, before
whom exceptions were filed Monday af-
ternoon and L. W. Keplinger, attorney
for the board.
Voluminous exceptions were filed 70
the report of the special master, Charles
Blood Smith, by the Rock Island rail-
road and the Kansas City Stock Yards
company the Kansas City Southern and
the New England Trust company of
Kansas City contented themselves with
briefer citations of exceptions while the
Union Pacific simply took issue with
the report on some questions of law. L
w. Keplinger, attorney for the drainage
board, filed some seventeen exceptions
to the report. -
In the main the exceptions filed by
the railroad companies cover the same
ground. They take. issue with the re-
port that the drainage board was legally
created, holding that the Legislature did
not properly enact the law creating the
drainage board, that it Is an unconstitu-
tional body because legislative powers
were delegated to it. Exceptions are also
claimed on the grounds that the con-
templated improvements are not of
wide enough scope to be called adequate
to the actual needs and that the bond
issue asked for is insufficient They
make recommendation that the spec
ial master report i'm favor of 900 foot
channel instead of as734 foot.
What these people ought to do is to
get together," said Mr.. Smith. There
is no question but that there is actual
need of some sort of proper drainage of
~, rT1I~ ! &t.fz
suit should get together and settle It
among themselves"
Fred Wood assistant general attorney
for the Kansas City Southern appeared
for that road, N. H. Loomis for the I'm
ion Pacific and L. w. Keplinger for the
Kaw Valley drainage board.
The principal exceptions filed by the
New England Trust company and the
Kansas City Southern are practically
Identical in every Instance
They are: That the evidence shows
that the work proposed to be done in
cludes the construction of 23.400 feet of
levees along the harbor lines above
Fifth street bridge only, at a cost of
about SOS. 900, or nearly one-half of the
entire proposed bond issue and work
does not include the construction of any
levees below the Fifth street bridge.
That the drainage district does not own
the land necessary for the right of way
for the levees. That no estimate has
been made for the purchase of this
right of way. That the 876 feet the
proposed width of the river above Fifth
government engineers had no power or
officially to make any such
recommendation and did not recon-
mend that any changes in the channel
of the Kansas liver where 1t empties
into the Missouri river were necessary.
That the statute did not confer upon
ma jority of the drainage board or upon
the entire board the power to make
foe 4ac Of diciv,
terested engineers. That the special
master has failed to show that the pro-
posed work is not complete improve
ment of river but only a partial i'm
That he has failed to show
that in order to be effective levees must
be constructed from the Fifth street
bridge to the mouth of the river. That
$40, 900, as later inserted, is inadequate
for the purchase of leVee right of way.
The Rock Island in 43 exceptions filed
covers the same ground with certain
others, including the statement that the
Kansas is not navigable, that the board
has no power to include in a drainage
district any land other than that sub
ject to overf1ows from some natural
water course, that to force a raise in
bridge of two feet is un-
reasonable. The Kansas City Stock
yards company covers the same ground
in some % exceptions with the addenda
that it simply constructed leveeS to
protect erosion of its own land.
l.. w. kep1nger CONTENDS In answer
to the claim that the improvements
are not broad enough
THE plans of improvement recon-
mended by the experts mentioned in
finding A would not be in the line of
such were recon-
by said government engineers
as necessary to afford full protection,
and if the district. after making the
recommended by such
experts, should thereafter make i'm
such as would be necessary
for full protection, a great portion of
the improvements recommended by said
experts would be wholly valueless. hut
If the plans of improvements now con-
by the district were made
now such improvements would for the
most part be part of any plan for
such improvements as would
afford full protection.
Many of Keplinger's exceptions are
On points of law. He claims that the
1atural channel at the Fifth street
bridge was considerably in excess of
800 feet wide.
The hearing Monday afternoon is the
asst to be heard before Mr.. Smith
L am anxious to finish this and will
probably make my final report unon The
vas his remark. In reply to a ouesfion
f an appeal would be taken, Mr. Ken
niger said: Il cannot say as TO +ba+
1t this time. We will have to wait an5
zee what the report is like
Mrs. Ingalls, to Sell Oak Ridee
Atchison. Aug. 27.-Mr and Mrs
Sheffield ingalls,, who have made thaiTI
home at "Oakridge" with Mrs. TobnN T
or a house with the intention Of ooinS |
n hoIlzeEoaninQ is