The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1891-06-17

AahA do w dllQllC VI way
a pipe line to Chicago, furnishing speci-
fled quantity OF gas daily. This was TO be
completed by November 1891, and
at that time the company was 10 turn
over to the Indiana natural gas and
oil company all the property, wells, pipes,
pumps and other machinery, aud to be
paid therefor in stocks and bonds OF the
latter corporation secured by mortgage.
The stock was 100000 and the bonds
100000. The complaint further averred
that the work had continued according to
contract up to just before March I. 1891,
when, by an act, the general assembly
had declared the pumping of gas illegal
THE object OF the Indiana natural gas.
and oil company was to transport gas to
Chicago. This could not be done without
the use OF pumps or other artificial press
ure which was contrary to law, and there
fore when this contract should be COM
pleted and the system turned over it
would be useless. Wherefore the plaintiff
asked the court to annul the contract and
declare further prosecution thereof illegal
and enjoin defendants from turning over
and receiving and paying for the property
in question, on the ground that the same
could not be made of use or avail after its
completion. In this suit MIR. Walter ID.
Holt OF Chicago appeared for the plaintiff
and Mr.. r. G.. Bell of Fort Wayne and my
self appeared in answer
I'VE stated that the facts set forth in
the complaint were true, the object OF the
company's was to transport gas and that
this could not be done except by artificial
means. We stated that we had purchased
for use in the pipe line, pipe OF 1000
pounds test pressure to the square inch,
whereas the gas pressure would not eX-
road GD0 md ha
safe to use for this purpose.
We stated that we had acquired this prop
erty and invested the money before the
passage Of this act and claimed that the
act was unconstitutional insomuch as IL
interfered with interstate commerce and
was violation of the state constitution In
terfering as it did with vested rights.
Judge Johnston declared the law uncon-
stitutional and denied the petition of the
plaintiff who Immediately appealed to the
supreme court on April Z.
I'VE understood at that time that the
local gas companies at Fort Wayne, La
fayette, KokomO, Peru and Logansport
as well as the Consumers gas trust of this
city, were interested in upholding this
law, which was passed in their behalf.
We knew they would desire to uphold its
cOnstitutiOnalitv, as they had to do with
Vic ioH VI 1905 III NnlCAI IuCy McIO uu-
successful. So we invited them to pre-
pare briefs in this case. and to Messrs.
Niblack & Harris and Hill &; Lamb we
extended every facility, and had the case
advanced on the docket to June II, which
date was on May 10, sat for oral argument.
On Nav rs Messrs. Niblack d Harris filed
a motion to dismiss the Casa motion
not sworn to by themselves or
anyone else-on the ground that
it was fictitious. They further stated that
the statement that a six-hundred-pound
pressure of gas could be safely transported
was untrue, and was put in the suit for
the purpose OF obtaining the desired de-
cisi0n. At the time OF the filing of this
petition the affidavit of one Green, who
lives in Miami county. was filed also,
wherein he stated that he believed
acknowledgement pressure was danger
Gus. Replies were to have been made by
the 9th, but owing to the enforced absence
of Mr.. Bell we had the hearing postponed
until today.
1--WE have taken steps to show that
ours is a bona fde case, and sub
United the affidavit to President
Hequenbourg of the Columbus con-
struction company to the effect that the
averments in the case are true, and that
he himself furnished the facts in the an
swer. He has been in the natural gas
business twelve years in Pennsylvania.
The natural pressure at Bradford Is over
600 pounds and not at al dangerous.
Pumping had been done elsewhere with
perfect safety, and a pumped pressure of
600 pounds could be readily carried by
pipes OF 1000 pounds pressure test. The
suit was brought, in :. good faith
and for the purpose of determin-
ing the statutes cOnstitutiOnality
and validity. ? esident Yerkes
OF the Indiana natural gas and oil COM
pany made affidavit that the facts as set
forth were true, and no statements in the
case were anywhere untrue. Messrs. Hot.
and Bell and myself made similar affi-
davits.
"On Monday Mr. Harris filed the affi-
dsvit of his clerk, Mr.. Myers. to the effect
that the afiiant had gone to Chicago and
found Mr.. Hollis oihce to be with the
Columbus construction company, but did
not state that he got that address from
me. Mr.. Lyman of the trust went to Chi
cago and found out the same fact as Mr..
Myers also that Mr.. Holt was no.
q member of the Chicago bar. They filed
other atfidavits to show that the transpor-
tation of natural gas was dangerous. AS
far as this suits being friendly and the at
torneyS working 10 push lt anead, VIII
say that ii is based on presidents OF good
practice, and Mr. Harris himself has been
known to handle both ends of a similar
case when, in the interests of Ivison,
Brakeman d Co., his clients, he instituted
the familiar litigation, attempting to over
lhrow the school-book law"
MIR. Holt stated to reporter that he
had resided in Chicago but a short time
and came from Dunkirk n Y
Mr.. r. @. Bell was seen by reporter for
TIE SENTINEL Thursday night and said:
80 far as the statement of the Ne1rS is con-
cerned, will say that | do not believe
that Mr.. Harris intended to cast any re-
Elections upon the professional honor or
conduct Of Mr.. Winter or myself and L
am quite certain that Mr.. Harris does not
wish to try his case in the newspapers"
Judge Rowland examined Messrs. Holt,
Bell and Winter Yesterday afternoon and
will conclude his investigation today. The
casa will ha heard by the surname court