The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-07
Claims Have Taken Advantage
OF Him in Sewer Suit.
ARE HOLDING UP HIS MONEY
Keeping $4,000 Due to Force
Him to Come to Time.
Attorney Dreaming Says That
Expenses Are Exaggerated.

Before the board of city commission
ers this morning John Richie. the de-
PENDANT in the big sewer suit, declared
that thousands of dollars had been
spent by the city in obtaining unfair
and prejudiced evidence to present be-
fore Robert Stone, the referee. at the
city hall hearing.
Furthermore, Richie, through his
attorney. J. J.. Schenck, made a num-
Der of charges against the method of
handling the case by Attorney Dren-
ming of the city board of commission
ers.
He claimed that the city commits
sioners had held up $4,000 that was
due him on a paving contract in or
der to make him "come to time on
an alleged swindle in a sewer case OF
five years ago when the city charged
that Richie has overcharged them
$4,000.
Instead of taking this $4,000 and
placing it to the credit of the proper
~ owners who had paid for the pave
ment, John Richie said the city had
placed it in the city'S revenue fund and
used it for regular city expenses.
AS an additional charge Richie said
the city's special attorney, F. G. Dren-
ming, had dug holes in the pavement
and made measurements Of the sewer
without allowing Richie to verify
them.
After he had made his charges
Richie asked the city commissioners
to allow his attorneys to make sound
ings and measurements over the city
Richie had made this request the day
before but the commissioners turned
him down. Today the commissioners
decided he could dig holes in the pave
ment but he had to take out a plumb
er's permit every time he did II.
Plumbers permits cost one dollar per
Dreaming, the attorney for the city,
| excavated in 125 places over the city
70 ct q q
The expenses incurred from the sew
er case hearing are worrying the board
of city commissioners. Mayor Billiard
said this afternoon that he wished i
its hands of the whole trouble
1t was a matter that we inherited
from the old council and we have to
stick to it, the mayor said
F. G. Dreaming. the special city at
torney, says that it is not true, that
the expenses are running high. Here
is his statement on the expenses to
date:
The city is seeking to recover from the
contractors the sum OF Sc, SIS with inter-
est at per cent since December IS, 1907,
on account of oVercharges in the contract
of the Sixth ward sewer, amounting TO
One-third of the total cost of the seven
miles of sewer in this sewer district. The
entire expense incurred up to date is less
than 10 per cent Of the amount involved.
The experts. Mr.. c. s. Burns of Kansas
were only in attendance on the court
seven days apiece, at $25 per day. The
contracts for the doing of the work neces-
sary to prepare this case for trial were
let in 1907 and 1908, before the present
commission came into office All the
work done by the engineers in making
re-surveys of the entire sewer system,
making plats and profiles to show raises
| in grade and amount of rock taken out
by the contractor. and the figuring OF
! quantities, was done under contract at
| $3.50 per day for Mr. Koon under con
| tract with Burns & Mcdonnell of Kan
sas City and Mr.. J. A. Campbell made
a complete survey of the sewer system
to check the plats and profiles made by
| Burns and Mcdonnell, and remeasured the
rock taken out by the contractors and
| made profiles for the same at Sc per
! day These charges are reasonable and
| fair In fact. Burns and Mcdonnell paid
| Ms Koon 50 a day part of the time for
/ which the city paid them only $50. and
| Wichita, Council Bluffs and Des MoiEes
have all paid Mr.. c. S. Burns $50 per day
! for his services as an expert. while the
| city Of Topeka paid him only $25 per day
| Recently Mr. Burns was on the witness
! stand in Council Bluffs for that city FOL
thirty-one consecutive days at $50 per
1