The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-07-06


in three miles above the wells estab-
nshed and operated to obtain water
supply for the city of Potwtn by the
Topeka Water Supply company
No Good Water There.
Justice Valentine. in his opinion,
however, held that the water COM
pany as shown by the findings of the
lower court, was a wrongdoer, because
it had sunk wells at a point below
where sewers already emptied into the
river, violating its contract with the
city and a city ordinance. He cited
the following special findings of the
lower court:
That said wells cannot be supplied
with good. wholesome water. well
suited for domestic purposes, from the
Kansas river at said wells, or at any
point within two or three miles above
said wells; that territory lying west
of Kansas avenue aud south of the
Kansas river is such that 1t is drain
age outlet for 600 acres, inhabited by
1900 persons and that this drainage
is within the drainage area Of said
wells. (The findings went on to enum-
crate the sewage sources, including a
large hOspital.)
That less than two and one-half
miles above and on the south bank Of
the Kansas river is located the Kansas
insane asylum. with 100 inmates; that
the sewer used to carry off the drain
age from this institution was built
before the Topeka Water Supply COM
pany was organized.
Inc opinion Iurther cited that there
was q large slaughter-house and man
ufacturing establishments on the north
bank of the river and continued:
But above all and worst of all, &C
cording to the findings of the court
below, 1t is itself a wrongdOer, -viO-
lating its contract with the city. viO-
lating city ordinance and violating
its duty and obligation by furnish y
ing water to the city of Topeka which
is unfit for use"
The opinion asked whether one
wrongdoer may restrain another
wrongdoer from committing an action
tiff any harm if the plaintiff should
himself do right and which would
not enable the plaintiff 10 do right.
THE party seeking relief cannot
say to the person whom he or 1t
wishes to have enjoined:
1t is true I will not be injured
by your wrongful act or acts, provided
/ do right myself, but I do not intend
to dc right. 1 expect to violate duty,
obligation, contracts, the city ordi-
nances, and to infringe upon the dear
est, and most valued rights of others,
and by so doing expect. If you do not
interfere, to reap great tho reprehensi-
BILE advantage but if you do interfere.
it will will prevent me from reaping
this much-coveted and contemplated
advantage, and therefore. as you are
an expected and intended wrongdoer
IS well as myself. you should he re-
strained from the commission OF your
contemplated wrongs in order that I
may commit mine.
Good Supply Above.
Justice Valentine said the water
company might obtain good water
further up above Potwin Place and the
state hospital, but that according to
the lower court, it could not obtain
good water from the place from
which it then obtained its supply.
IF the water company could not get
good water from Harrison street
then" Bolmar wants to know, how
could the city hope to do so now. when
the aggravations are four-foId graater
And why should the city be permitted
to get water from a source which a
private corporation was prohibited
from using?"
To bear out his statement that the
aggravations now are four times what
they were in 1890, Bolmar pointed out
the fact that the population in the
district drained by the Potwin sewer
is trebIed and that sewers emptying
street station drain the College Hill
district, Lowman Hill, Kenwood.- the
state hospital with a doubled popu-
lation) and Arlington Heights.
When it was suggested to him that
the city was opening UP the Harrison
street well as an emergency measure
of which the alternative was pumping
water direct from the river into the
mains, Bolmar said: "Then it would
be better to pump direct from the
river at the West End plant than from
the Harrison street we'll"
Bolmar claims tht the city is sub
jecting its people to contamination
and ,disease (such as typhoid fever
epidemic) by using the Harrison
street plant.
Test Shows No Contamination.
According TO Fred Painter, superin-
tendent of the city water department,
the water from the Harrison street
well is just as pure as the water from
the West end plant, which he says, is
taxed to capacity. providing no surplus
for an emergency, such as big fire.
The state board of health tested
samples from the Harrison street well
and approved them, he declared. The
boards engineer stated it as his opi1-
ion that use of the Harrison street well
as an emergency supply was a logical
move, according to Painter.
The well is entirely protected from
contamination by drainage, the super
intended pointed out, by a siX-foot
concrete ring set down into the ground
nineteen feet, thru which tubing, con.
GREETED fast, goes down fifty feet.
four-foot clay stratum extends do VI
twenty feet from the concrete and 6
screen protects the bottom of the well
A chlorinator will be used at the new
well, the same as at the West end, and
| tests will be made regularly by the cit.
/ bacteriologiSt.
Sewer Two Blocks Away.
There is a sewer two blocks to the
| east Of the new well and the Potwir
sewer is a mile to the west, Painter
said.
I'VE have two choices" said Painter
I'VE can either use the well at Harri
son street until a filtration plant Of
some other permanent water relief Il
provided. or pump direct from th'
river. It should not be hard to SCI
which is the more advisable choice"
The new well was throwing watel
! last week, but was not connected VI
| because it filled with sand and somt
repair work nc cessitated pulling 1t out
1t is expected it will be turned int
/ the mains this week.