Omaha daily bee., 1889-08-18
DOWN TO DISCRIMINATION.
That is What Judge wakely Secs
in the Connell Gas Case.
THE coNeREssMAN's HOT SHOTS
Flies That Require the Aid OF Big
Guns to Knock Them Out
Severe Arraignment OF
the Gas Company.


usual Oh luulClhi lubeTcsb III 0iS hi gu
ments made before him yesterday on Hon.
w. J. Connelps application for writ of
mandamus and permanent injunction against
the United States Gas company. Probably
no such earnest and vehement plea for
protection from alleged expressions from
powerful corporation has been heard, for a
long time at least, in the district court as
Mr. Connell made. He was loaded and
eagerly entered into the contest. During his
speech which consumed an hour, he poured
voley after volley of red hot grape and can
ister into the giant monopoly, declaring,
among other things, that because of his well
known position in asserting publicly the peo-
ple's right to have cheaper gas, as well, also,
as his advocacy of contracting with electric
concerns to light the city by electricity, IL
had singled him out solely for the purpose of
oppression
Mr.. Pritchett and ]. M. Woolworth ap-
peared as legal representatives of defendant,
and turning to them in the midst of his ar
raignment, MIR. Connell forcibly declared
that it was the custom and the purpose OF
their outfit to crush every man who opposed
it. TO make his assertions more effective he
related conversations had recently with a di-
rector of the company, who told HIM that no
citizen could hope to succeed in "a fight against
them; that one man would be no more against
the ill-will of this giant concern than q fly
would be.
'3ut flies can Sometimes buzz hard and
loud enough to bring in our distinguished
United Stetes district attorney to help brush
them off also that signal of distress sitting
by his side"
Thereafter the speaker shaking
his fist at the two opposing
counsel, asserted that the gas
companys men had knowingly and wilfully
falsitied the registration of meters, and
thereby not ouly robbed many citizens in this
city, but the United States government as
well. II make this charge here and dare
your company to call me to account for it,
he said. Let the official reporter make note
of it ana then not only defy but dare you to
bring suit for libel. 1 will prove that you
have swiudled the people and the United
States"
MIR. Pritchett followed in brief and mild
hammered argument, denying the charges
made by Cornell, in the following languages
ri submit that the whole thing shows there
is no intention to oppress or embarrass this
plaintiff, or to discriminate. against him ut
all. but simply TO carry out and enforce this
rule of the company on account of the trouble
that they had in collecting these bills"
Right there is perhaps matter TO be
talked about" interiected Judge Wakeley.
~ do not think that the reason we did this
makes any difference. We want to repudi-
ate any idea oil treating the plaintiff here in
any manner different from any other citizen
of this city,
at does not seem to be seriously ques.
rate" again interrupted his honor, "that it
is a reasonable rule to give p Irties ten days
after the month to come in and pay and re-
serving the right TO cut off the gas; that is
in the nature of a forfeiture of the right to
use the gas if it Is not paid for. Now if it
is a reasonable rule and legal rule, sup
pose 1t would have TO be conceded that
however harsh ana oppressive it might
seem, the company would have the
power when the ten days are up, to turn off
the gas. MIR. Connell's case seems to be
predicated mainly-and l do not know but
wholly, almost-on the allegation that they
are discriminating against him. He says,
granting that the company has the right at
the end of ten days to turn Off anybody's gas,
Yet they do not do it with the people gcner-
ally, and your custom is to make allowance
for difference IN people, accident and all
that, and to send them a notice, and then
maybe soon afterwards call their attention
to 1t; and you bring IN here notice that
they served on somebody with an affidavit
that that is usual. AS a downright matter
of fact, it is usual to get reminder, and /
know it, / do, and believe my neighbors
do, aud take no offense at it.
"But does 1t not raise question here of
what sort of trouble would Justify the COM
pany In selecting "a particular citizen to en-
of whether this trouble is ufficient-whether
the gas company Judge of it, or If judge of
1t after bringing 1t before me! Where is the
rulel On the one hand, the rule may be en-
forced for the very purpose of oppression;
1t may be enforced from malce it may be
enforced simply from business considera-
tions, without the least malice in the world
and as a mere protection to the company
Who is to Judge of all thisl And on the
facts of this case, does it or does it not ap-
pear that they have enforced this forfeiture
against Mr.. Connell when they did not
against other people, and is there discrimna-
tion or mott 1t gets down to pretty nearly
that question, 1t seems to me.n
It11 inf
ment in the afternoon by saying: ~ do not
propose TO call Mr.. Connell any infamous
names. A great deal that he said is outside
of the record and has nothing to do with the
question that your honor has to determine
If the gas company has acted in the manner
which he says it has it certainly was wrong
anybody would admit that Tampering
with the public's meters has nothing to do
with this matter. Mr.. Connell does not
complain that anything of that sort was
done to him, and i am sure that the facts
are not as he has stated them. AS to the
price of the gas as charged by this company,
that is fixed by the city council and this
difficulty in none OF its features has arisen
out of unreasonable or excessive charges
made by the company against MIR. Connell
or anybody else, and so with great many
d. other matters which he has elaborated on at
very great length, l think rather for other
ears than your honor's.
at seems that this company does not pro-
pose to cut off Mr. Connell's supply of gas
until he has had ten days time to make pay
ment. That is the time fixed and it is ad.
verified throughout the city. 1t is a COM
mon practice not TO meddle with anybody
until the expiration Of ten days Will your
honor issue an injunction that they shall not
cut off MI. Connells supply of gas within
the ten daysi Nobody has proposed to cut
1t off in that time. II is a reasonable rule
that the company may cut off gas at the ex-
piraiion of ten days upon the non-payment of
their bills. 1t would not be right to cay
that II shall not cut off his supply OF gas II
he does not pay. The controversy be-
tween MIR. Connell and this company
has arisen from the difficulty the company
experienced in collecting their bills,
which has resulted IN the officers and men
stringently enfoi eng the rules. Mr.. Connell
must be treated as others are. Your honor
should consider the question as TO whether
the remedy that the company determines
necessary for the protection of its rates is
such u discrimination against one party that
he could complain of it as he could II a differ
ent price was charged him than was charged
the public generally. / insist that this com.
pany is only standing upon the rule To which
MIR. Connell voluntarily subjected himself
when he made this written application"
The defense rested, and MIR. Conuell fin
ished his case, at the termination of which
Judge Wakeley said he would reserve his de-
cision until next Wednesday,
The usual amount of business was done In