The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1893-04-22

s The Exchange Building Company,
Earough its counsel, Messrs Pom &
"A cke, have filed bill of injunction in
10 clerks office of this city against the
!43Panoke Gas and Water Company,
.Jstraining the lattor corporation from
3water meter in the Exchange building.
A representative of THE TIMES last
+ ght called on Col. John e. Penn, coun-
$bl for the Exchange Building Com.
B3any, and asked him for the particulars
a the affair. Colonel Penn said:
81 "1n one of the resolutions passed by
#uncil granting franchise to the
&oanoke Land Improvement Com pany
Il ore than ten years ago, which com
&rny then owned the gas plant, it was
3fovided that the charges for gas should
n, uniform to all citizens OF the CITY for
HE same class of service. The Roam
IKE Gas and Water Company assigned
fts franchises to the Roanoke Land and
Improvement Company, and one Of the
IPnditions in the resolution of Council,
Which sanctioned the franchise in the
!lame of the city to the assignment, was
pat the charges for stores using ono
bydrant should not exceed 50 per
Bnnum. The allegations in the iniunc.
on bill filed by the Exchange Build.
sng Company is that tho Gas and Water
company is undertaking to arbitrarily
lace meters in some of the business
! ouses and residences in the city OF
Roanoke and refraining from placing
peters in others. That the Exchange
3iuilding Company has two stores in the
Un
lution of Council mentioned, the Roa-
Joke Gas and Water Company have no
light whatever to put metre in tho
Exchange Building and thus discrim-
nate against the stores and also against
,ther portions Of the Exchange Build
|ng, some apartments OF which are let
IS boarding houses and some for other
purposes. That the Roanoke Gas and
Water Company is really violating in
his instance both of the resolutions
Teferred to, the one against the uni
ormity expressly provided for by
council and the other against the stipu-
alton OF the so per yea: rate where
jnly one hyrant is used"
L. L. Fishburne, president of the
Exchange Building Company, was next
seen by the reporter and said: "Some
Time ago the Gas and Water Company
wanted to place meter in the tobacco
actory of Fishburne Bros. free of
charge and charge US for water at the
ate OF 20 cents per 1000 gallons We
:efused and offered to pay for the meter
and settle for the water at the rate of
Is cent per 1000 gallons, which is the
ate quoted by them to manufacturing
plants. After consulting with their
counsel the company finally agreed to
his Then about four days ago the
exchange Building Company were noti-
led that meter would be placed in the
building and 25 cents per 1000 gallons
If water used be assessed. The Ex.
change building contains, besides the
National Exchange Bank, two stores,
hotel and other business con
arms. We found that we could
make no adjustment with the renters
VI the different apartments OF the
building. The hotel would probably
Use more water than the grocery and
either place moro than the bank. The
las: and Water Company were notified
u the cond ,tion of matters and replied
That they would put in only one meter
IND that the Exchange Building Com
'any should pay for the others Know.
ng the position taken by tho Gas and
Water Company to be unjust, unfair,
Illegal and in direct viola lion of the
ranchise granted by Council 10 the
Roanoke Land and Improvement Com.
,any and of the resolut ions Of Council
subsequently, passed when tho Land
md Improvement Company transferred
is franchise to tho Roanoke Gas and
Water Company, we employed counsel
md asked for the injunction which was
eadily granted by the court"
This is perhaps the most important
md interesting legal transaction that
las taken place in Roanoke during the
'ear and the outlook will be viewed
With interest by all classes of citizens.