The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1891-06-24
GAS WILL GO TO CHICAGO.
Important Decision of the Supreme Court q
Indiana,


Indiana.
The anti-pumping act of the legislature
of last winter has been sustained In part
But not far enough to prevent the piping
of gas to Chicago.
When the project to pipe gas from the
Indiana field was first agitated 1t caused
much alarm in this state. because it was
feared that not only would the supply be
soon exhausted, but that manufacturing
districts would be greatly injured through
the removal of their exclusive opportun-
ity of offering cheap fuel.
In response to this sentiment
the legislature of 1889 enacted law
prohibiting the piping of gas from the
state. On an appeal from the Jay circuit
court the supreme court held this act I'M
constitutional because it interfered with
the freedom OF interstate commerce,
whose regulation is exclusively within
the jurisdiction of the national congress.
Encouraged by this decision the Chicago
company actively continued its prepare
tons for piping gas into Chicago. Nalua-
BILE leases were secured in Howard, Grant,
Upton, Madison and Blackford counties,
and for more than year work has been
pushed by gangs of several hundred men,
plants being put in st Greentown, ten
miles east of KoSomo and at Winamac.
1t early became apparent, how ever, that
the natural pressure OF the gas would not
be sufficient to carry il to Chicago and
that artificial forcing must be resorted to.
Expensive pumping plants were secured
and the work continued to be actively
pushed forward.
The opponents of the Chicago scheme
saw in the necessity for using extra pres
sure to get the gas out of the state
an opportunity to obstruct the Chicago
movement, and at the last session
of the legislature a law was enacted which
provided, in effect, that gas should be
passed through wrought or cast iron cas-
ings tested to four hundred pounds pres
sure, but must not be transported at
more than three hundred grounds pres
sure; and that no pump or artificial de-
wise ior increasing the pressure should be
employed.
This didn't disturb the Chicago com
PAW in the least and it continued its
work as if the law had never been
enacted, though the penalty for its viola
ton was fine OF 81 600 to $4,000.
Recently test case was brought in the
Porter circuit court, where Judge John
mainly because it was an interference with
interstate commerce.
Judge Johnston held that the anti
pumping provision was invalid, saying:
1t would be difficult also to invent a valid
reason why the absolute owner of gas we'll
may not use on his own premises whatever
means he may choose TO increase the flow Of
gas from his well and into his pipes for trans
portation. 1t would be still more difficult to
find reason why sucn owner may not use arti-
fetal means to at least maintain the initial flow
| of the gas from the well through pipes.
On this point Judge Elliott in his deci-
sion says nothing. thus allowing Judge
Johnstons ruling to stand.
Last week the supreme court heard
| arguments on the case and yesterday
handed down its decision, which, to
the surprise of good many, reversed
the decision of the Porter circuit
court and affirmed the constitutionality
of the act. The opinion was by Judge
Elliott, Judge Mcbride filing a separate
but concurrent opinion, and Judge Odds
| dissentinp