The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-10-30
A SUIT FOR STEAM.
Mandamus Proceedings Against
Heat and Power Co.
MUST 1T ENLARGE ITS PLANT?
Jacob Furth's Experiment. With Large
keaping Machinery on California
Ranch-Harbor Lines.

An interesting mandamus suit is to be brought
Dy Judge }. r. Lewis against the Seattle steam
heat ana Power Company 10 compel the latter
10 supply steam heat for his Union block The
building il question is on the west side of
Front street, between Cherry and Columbia
On one side is the Washington block and on the
other the building of the MaeDougsll and South
WICK Company. The south half OF the Union
DOCK Is owned By Judge Lewis and the north
end by Fred Gasch. The Steam Heat and Power
plant furnishes heat for the buildings around
ana Judge Lewis wishes to compel it to supply
him.
Angus Macintosh, who is member of the
campany,sl.i q, terday: "I am not familiar
with all theists OF the matter, but as under
stand 1t the companys plant is already taxed to
It's utmost capacity, and we have ali the build
ings we can heat We simply cannot furnish
steam for Judge Lewis part OF the Union
block"
Judge Lewis declared that he had steam pipes
put In and everything ready for the connection,
out the Steam Heat and Power Company had re-
luseo 10 accommodate him, though he had made
tender OF money, unless he took stock in the
concern. alt isn't question OF the capacity of
their plant, said the judge yesterday, 'for they
said at first they could heat my building, and
their superintendent acknowledges that they
nave enough steam. They want me to buy
stock, and don't propose to do it.
but even were their plant not OF sufficient
capacity, that would be no excuse whatever in
law or reason. That company is organized IN
DER the laws OF the state, and has a franchise
from the city to lay pipes in the streets for the
purpose OF supplying steam heat and power to
buildings. Accordingly the company is in ex-
actiy the position of gas water company
which has received such franchise. For years
the decisions OF the courts have been all one way
on this point gas company is bound to fur
nfsh gas to those who demand IL. The most
recent case decided in the supreme court
was from Indiana An addition was
built lying within the city limits, and the gas
company was asked to extend its mains and
supply gas. The company refused on the
ground that to do such thing would not pay,
and besides, the company's plant was insufficient.
Well, the case was carried up through the
courts, and the decision was that the COM
pany had undertaken to light the city, and so it
must extend its mains and increase its plant.
"The pipes of the Steam Heat and Power Com
pany pass through the street in front OF my
building. The company has use of u public
thoroughfare for public good. II the company
attempts to discriminate against me can COM
pei it by law to heat my building, and ii the
plant is insufficient the company must make it
sufficient.
"A street car company operating under such
franchise cannot plead that 1t has not enough
cars to carry me. can by law make it supply
sufficient rolling stock or else give upthe fran
chise When n railroad company down here at
Portland refused to carry the Wells Fargo ex-
press matter on the ground that extra cars were
needed, and 1t had not the cars Judge Deadly
ruled that such plea was nonsense 1t was the
company's business as q common carrier to fur
nish the cars.