The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-26
Thought Topeka Fine Place to
Test Luten Patents.
MAKES REPLY TODAY
The City Commission Resents
Charge of ''Bad Faith"
Leaves Way Open if Governor
Is Really Sincere.

mission today replied to Governor
Arthur Capper's letter relative to the
Luten bridge royalties. Aside from
matters directly connected with the
Luten patents Mr.. Hayden chideS the
governor for giving the patrons of his
newspaper an opportunity to read the
letter before the commission had re-
ceived it.
ITO hear the public converse about
the contents of a letter before you re-
ceive it," says Mr.. Hayden, seemed
somewhat amusing"
The city commission, knowing that
the legislature had made an appro
priation to be used in fighting the
payment of bridge patent royalties.
asked Governor Capper by resolution
to render assistance to Topeka. The
commission agreed to defy Daniel B.
Luten, patentee, and build a bridge
conflicting with his patents if the
state would defend the city in any lit
igation forthcoming. In reply to this
Governor Capper sent an eleven-page
letter in which the city commission
was put in the light of acting in bad
faith and of perpetrating a frame
up"
Hayden's Reply.
THE commission does not know"
says Hayden in reply, whether or not
the Luten patents will hold if tested
in court, but from what L gather in
reading your paper and statements
made by the attorney generals assist
ant, these patents are not valid pat
ents. So the commission thought if
you were sincere in this that you and
the attorney generals force would
only be too glad to cooperate with
the city and relieve the different mu-
inequalities and subdivisions of the
state from paying royalties to Mr..
Luten. The commission sent you their
proposition to test your sincerity in the
matter"
The text of Hayden's letter today
is to the effect that there is no bet
ter place to put the skids under Mr..
Luten and his royalties, if it can be
done. than right here in Topeka; that
the state officials have money given
them by the legislature for that pur-
pose; that they have shown great agi-
tation in the newspapers because roy
alties are being paid to Luten and that
the city commission is acting in per-
fectly good faith when it asks the
state to help.
In his reply Mr.. Hayden is just as
confidential and secretive as was Gov
ernor Capper. He made the whole
castically makes frequent references
20 its confidential nature. The letter
says:
| Officials Are Skittsh.
| 81 am sending you this confidential
reply because / am going to call your
|
| lieve it is best that the public should
know. You know, governor, 1 have
| had too much experience with public
officials not to have learned that you
! can get their true and honest opinion,
get closer to their hearts and under
standing by private communication.
rather than corresponding through
the newspapers. You know, governor,
that all public officials are more or
less sl<ittish when public opinion plays
a part, and that you have clearer
and truer conception of what public
official really thinks by talking to
him in his private office, rather than
what is given out afterwards as to
what took place. So 1 am taking this
matter up with you in confidence,
knowing that your good business
Judgment, unhampered, will yet as
sert itself in the interest of the people
you represent.
You know, Governor, that when
you said In your letter, that the COM
mission should not be diligent in
adopting such specifications as will
necessarily result to the advantage of
any bridge company or holder of a
bridge patent, that you did not mean
it: and that if you were talking pri-
vately to the commissioners, these
words never would have been said. OF
course, Governor, we understand these
things, but the public does not
Slip of the Pen.
/ You will have to admit, Governor,
that you have no reason to question
the good faith of the commission in
asking your cooperation and support,
and that you are authorized by law to
use this fund to fight bridge patents
in Kansas, for the law SO expressly
states. And as to the frame-up. i
know, Governor, this must have been a
slip of the pen. for the only frame-up
that could be imagined was with you,
asking you to help US out OF course,
we understand these things. but the
public does not. and it is a little hard
on the commission. Between you and
me, Governor, l know it would be the
popular thing for the commission to
say that the Luten royalties are a
graft, but instead they just go ahead
and transact public business the same
as they would private business-get-
ting the best bargain for the least
money. They know that Mr.. Luten
has patents for his design of bridge,
issued by the patent office at Wash
iington, and until these patents are de-
lect royalties from anyone who uses
his patented design of bridge. OF
course, everybody knows this who
gives the question minutes thought,
but 1 believe it would be more popu-
lar for the commission to openly de-
clare that it is simply graft to pay
Mr.. Luten a royalty for his patented
design of bridge.
THE commission, however, took
this view; that inasmuch as Mr.. Luten
has patents on his design of bridge
i, and that these patents have not been
declared invalid and that you and the
attorney generals assistant seemed to
question the legality of the same. that
it was right and proper to have the
/ court settle the matter. and the COM
mission offered to cooperate with
you and assist you in any way possible
You know. governor, this fund was
appropriated to test bridge patents in
Kansas. What other construction
could be placed upon this law? The
legislature took the view that it was
the states duty to test bridge patents
in Kansas and appropriated a fund
for this purpose. The city of Topeka
has contributed its share of the taS
to make up this fund and the commits
sion felt justified in asking your CO.
Operation and support in compliance