The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-06-12
The GAS QUESTION
SETTLED BY THE ADOPTION BY
THE COUNCIL OF
The Proposition of the Old Company
What Each Of the Companies
Was Willing to Do.

Yesterday evening the Gas Commit
tee Of the Council, composed OF Gen
Patterson, Capt Lee, Col. Montgom
cry, President Hadden end the Tax
ing District attorney, met the follow
ing representatives OF the gas com
psnies: N. M. Jones, President; W
s. Bruce, Napoleon Hill and judge
Graft, for the Memphis Gas Lignt
Company, and Messrs. KatzenbeIgel
and Col. CAN'T for the Equitable Ga
Light Company.
Col. CAN'T presented the claims
and submitted their proposition, as
follows:
PROPOSITION OF NEW COMPANY.
WHEREAS, The Equitable Gaslight
Company of Memphis claims under its
charter the right to the use of the
streets, etc., Of the Taxing District for
the laying of its pipes and making all
necessary connection for the distrlbu-
ton and sale OF gas to consumers with
in the territory of the Taxing District.
On the other hand the taxing District
government de nies such authority and
claims TO be the sole Judge of the ques-
ton whether such use of the streets
shall be made or not, and il made, of
the terms to be imposed On said com
pauy touching the use Of the streets,
etc. and,
Further, This conflict is likely to
result in litigation, with the hazards
and EXPENSES incident to such con-
troversy.
And now, by way Of compromise
and settlement of this disputed ques-
ton, and in consideration thereof, and
the further consideration that the
Taxing District will purchase one.
third Of its supply Of gas for lighting
public places, to be furnished by said
company, Of a quality equal to that
supplied by any other gas company,
and as chesply IS any other company
will furnish the same, the Taxing Dis
tIict gives its permission, so far as it
can lawfully do so, 10 said company
for the use OF said streets, etc, for the
laying of pipes, making necessary con-
nections, and doing otEer necessary
acts for the sale and distribution Of
Illuminating ges to the inhabitants of
the Taxing District and the district it,.
self, upon the following terms aud
conditions, which are to be Obligatory
ON both sides:
/. The said company shall construct
works, with capacity to supply the de-
maud of the Taxing District and its
inhabitants, within tbs time herein.
af er specified.
2. The gas supplied shall be superb
or in lighting power to the gas now
supplied the Taxing District and its
Inhabitants, and equally free from i'm.
purities and elements prejudical to
heal h,
3. The price TO be charged therefor
shall not EXCEED 81 rs per 1000 cubic
feet, if paid within five days OF the
maturity of the bill, with privilege, if
no. so paid, of making the price 81
per 1909.
4 This price shall be charged, and
no more, during the entire term that
the charter OF the company runs and
unit it expires by its own Limitation,
3. No sale, combination, agreement
or b rain shall be made by said COM
pany with any other company or per-
son which shall have the effect to
evade or defeat the faithful perform
ance of the stipulatiors of This con-
tract, as 10 the price to be charged and
the quality OF gas to be furnished; and
said company shall not willfully, in
tentionally, or negligently defeat those
provisions, by the non-uss or aban.
donment Of its works and franchises.
And in the event said company shall
do so, in any of the ways stated above,
then it thall be bound and
obliged to pay to the Taxing
District, as liquidated damages, the
sum Of $4,000 for the breach of
said provisions, for the use of the Tax
ing District and its inhabitants-the
said sum to be a charge aud lien upon
the works and franchises of said COM
paDy, and ehall authorize the Taxing
District to seize said works and fran
chises or to have q receiver appointed
10 take charge of and hold the same
until foil payment OF said $50, 900 shsll
be'made, payment being the only way
of obtaining the release and restitu.
ton OF possession to said company of
said works and fianChises.
6. No authority is granted or at
temp ed to be granted by this contract
which shall enable said company to
do aoy act not authorized by its char
ter or the law of the land, or to use
the streets so ss to be a nuisance, or
to commit any nuisance whatever,
save what may be unavoidable, in the
proper construction of its works and
the sale of gas OF the character and
description amed in this contract.
Z. The opening Of all streets, alleys,
ETC., for laying pipes and making con-
nections, shall be under the direction
OF the Taxing District Engineer. The
streets, alleys, ETC., shall remain open
only so long as is unavoidably neces-
gary for such purpose, and they shall,
in all cssse, be Ielaid and repaired in
such manner as to make the same, IN
the opinion of the City Engineer, in all
as good as before they were
opened by the company. And in the
event the company should replace and
repair any street, or other public place
in such manner that, in the opinion OF
said engineer, it is not as good as be.
fore being disturbed by said company,
then such engineer shall at once en-
ploy labor and supply materials, and
have TIE zane done properly, and the
cost thereof shall be a debt against
the said company, in all respects like
debts which It voluntarily contracts.
s. Within thirty days Of the final
execution and delivery of this contract
the said company shall enter upon
making contracts and purchasing sup
plies for the erection OF its works,
which it is believed by said company
it can complies within ten months
from such date; but unforeseen acct
dents or difficulties may possibly arise
which would postpone complete con-
struction for q longer time, aud
therefore it engages positively 70
complies the same in not exceeding
twenty-iour months from said date.
But if enioined by a rival company,
the time Of such injunction to be ex-
cluded. And as q guaranty for the
beginning and completion of said
works in the time named, and as an
earnest of it4 good faith, in addition