The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-18
STATE GIGS BACK
Mayor House Complains of His
Boss, Governor Capper.
Topeka Given Advice Only on
Luten Bridge Patents.
TRY CASES IN NEWSPAPERS
Commissioner Tandy Bothered
by Governors Reporters.
City Hall Not a Bit Pleased
With States Answer.
TRY CASES IN NEWSPAPERS

I'm other words the state gigs back
and writes us column OF advice on
what to do"
That comment made by Mayor J. E.
House at the city commission meeting
today expressed the attitude taken by
the commission toward the ten-page
letter from Governor Arthur Capper
relative to the Luten bridge patents.
Then the members of the commits
sion proceeded to fail the governor
and attorney general. The commission
expressed resentment at the charge of
a lack of good faith contained in the
letter. The letter from the governor.
given out for publication before the
city commissioners received it, was in
reply to a resolution adopted by the
city commission setting forth that it
would defy Daniel B Luten, holder of
concrete bridge patents, if the gov
ernOr and attorney general would de-
fend it in any litigation that resulted.
After listening to the reading of the
letter the commission agreed that
state officials had gracefully sidestep
ped.
At a recent meeting Commissioner
w. G. Tandy offered a resolution set
ting forth the position of the city. 1t
stated that the city had been paying
the ten per cent royalty to Luten rath-
er than fight him in the courts. 1t
added that there was sumo question as
to the necessity of doing so, according
to state officials, and that if the latter
would defend the city in any action
that might result the city commission
would authorize the construction of
bridges infringing upon the Luten pat
ents and refuse to pay the royalty.
Sent to Cappcr.
This resolution was adopted and
forwarded to Governor Capper. 1t was
drawn in answer to the agitation by
state officials against paying Luten
royalties and because 1t was stated by
the attorney generals office that the
legislature had given that department
a fund with which to make a legal
fight But the reply of Governor Cap
per does not guarantee the assistance
| letter.
Clerk Reads 1t Aloud.
The long letter was read aloud by
the city clerk. The greater part of
it dealt with the conditions under
which bridges are built or should be
built in Kansas.
Briefly, and in other words" said
the mayor as the clerk ceased read
ing. the state gigs back and writes us
a column of advice as to what to do"
George Hayden. city attorney, got
the floor. When it was announced
that we had adopted the resolution
this letter refers to- he said, the at
the newspapers and said the legisla-
ture had provided a fund to be used in
such cases and that it would be glad
to use it,
Commissioner w. G. Tandy disliked
the reference to a "frame-up" con-
tanned in the letter.
Hounded by Governors Reporters.
THE only purpose we had was to
protect the city of Topeka" he said
There has been article after article
from the state officials in regard to
the Luten patents and 1 have been
bounded to death by reporters from
the governors newspaper to oppose
signs are the best designs we can
adopt for our bridges and I fail to see
any frame-up in the proposal we
made unless it is with the state"
LAS 1 see it," injected Mayor House,
the state is trying too many cases
in the newspapers and not enough IL.
tho courts"
There is no frame-up about it."
said George Hayden. I'VE simply
want to protect Topeka and if the
state has a fund with which to fight
the case 1 fail to see why the matter
of the Luten patents should not be
tested right here"
The commission instructed George
Hayden, city attorney. to draft a re-
ply to the letter of Governor Capper
and unless city officials cool off before
it is mailed it will be well worth read
ing.
following the commission meeting
the members continued to discuss the
matter.
Tandy Explains 1t.
Most of that letter. said Commits
sioner Tandy. lis devoted to things we
already know and very little of it is
in reply to our resolution. The gov
ernor speaks about contractors pay
ing the Luten royalties. 1 would like
to know what difference there is
whether the contractors or the city
pay the royalty. The city pays it
eventually anyway and if the con-
tractor pays it he charges more than
the royalty amounts to-"
George Hayden. city attorney, ex-
pressed the opinion that the letter
from the governor was not written by
Governor Capper but by w. S. Gear
hart. state engineer.
1T strikes me-" said Mr.. Hayden,
that the governor should have read ii
very carefully then written a much
briefer letter about it,