The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-22
RIVER NOT THERE.
COncOrdia Having Trouble
About Its Sewer.
Channel Which Received Dis
charge Is Dry Land.
CAUSED BY THE FLOOD.
Cloud County Wants City of Con-
cOrdia Disciplined.
Bills introduced to Solve the
Problem.
CAUSED BY THE FLOOD.

If a city builds sewer to river
and the river runs away and leaves the
sewer high and dry, can the city be
enjoined to prevent it from allowing
| the sewer to empty into the old river
bed?
This peculiar question will have to
be decided by the Kansas supreme
court in a case appealed today from
| Cloud county.
The trouble all commenced with the
great flood of 1908, when the Repub-
| llcan river went on such a rampage
that it has never fully recovered. 1t
cut across big bend instead of going
mile away from the water. The
| Concordia city sewer. which had been
| constructed to empty into the river,
was left sticking out on a sandbar.
In September of last year, Fred w.
Sturges, county attorney of Cloud
county. in the name of the state of
Kansas brought a suit against the city
of Concordia. In his petition he said
in part:
THE city of Concordia for a long
| time past has discharged and now dis
charges its sewage and other noxious
substances upon premises at or ad-
joining said city on the north, thereby
producing noxious and dfsa BILE
gases and odors, injurious and danger
GUS to the health and lives of the in
habitants Of said city, more espe-
cially to those in the north portion
thereof, and rendering that portion OF
the city an unhealthy and unsafe place
to live.
That said sewage and the place
where the same is discharged to-wit
an old river bed at or adjoining said
city on the north. is public nuisance"
The petition then asks that the city
be permanently enjoined from allowing
its sewer to empty into the old river
bed.
90
Laing, said in his answer:
AT the time this action was COM
menced and for long time prior there
to the city did discharge its sewage at
the place near said city and on the
north thereof. That said place was I'M
til the summer of 1903 the channel of
the Republican river but that before
the beginning of said action, the Re
publican river had abandoned its chan
mel at its ordinary stage, except that
Wolf creek and Lost creek, two tribu-
taries to said Republican river. have
continued to flow therein. The defend
ant AYERS that in 1901 by due process of
law it obtained the lawful right to, and
did construct a sewer and connect the
same with the said Republican river at
the place aforesaid, and has ever since
maintained the same"
Judge w. T. Dillon, who tried the
case, refused to hear any evidence in
support of the petition, and refused to
grant the temporary injunction on the
ground that the petition did not state
facts sufficient to constitute a cause of
action. The state now appeals the case.
Brierley's Bills May Help
DR.. ]. H. Brierley. representative from
Cloud county, has introduced and had
passed by the house two bills which
may help to solve the problem present.
ed TO the supreme court. The Brierley
bills authorize the city of Concordia
and the township of Sibey. to raise
funds for the purpose of building dikes
and entertainments and turning the Re
publican river back into its old chan
nell If the senate passes these bills,
and the city and township do the work
provided, the river will go back into it's
old bed. and the Concordia city sewer
will have a place to empty where the
sewage will wash away.