The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-02-25
BY A MANDAMUS WRIT
A NEW TACK TO GET NATURAL GAS
AT ORDINANCE RATES.
Course That May Prevent Compnnie.
from Dragging Cases In
the Court.

In view OF a decision recently rendered
by Justice OF the Peace Walpole 1t is I'M
derstood that a number of suits will be
brought against the gas companies to re-
cover overcharges paid for natural gas.
The ordinance under which the companies
operate fixes the charges which may be
made. The monthly rate on cook stoves IS
S.25. On yearly contracts the rate
is 81 a month. payable in quarterly install
ments. In the suit brought in Justice Wal
poles court the plaintiff. George w. Pitts.
alleged that he had been compelled to pay
s. month. lie sought to recover the over
charge for a period OF nearly two years.
He was given a judgment for 1861. Ii is
understood that the Indianapolis Gas Com
pany will follow the usual custom and take
an appeal 10 the Circuit Court. A similar
case tried in one OF the Justices courts
was appealed two years ago 10 the Circuit
Court. where 1t is still pending. the COM
pany avoiding final determination of the
suit by taking continuances, etc. It is said
that the companies fear to have the case
finally decided in the Circuit Court, as the
adjudication would be final and no appeal
could be taken. inasmuch as the amount in
volved Is less than $50. In the meantime
the parties are compelled to pay the rate
demanded. Their only recourse is to wait
until the amount Of overcharges paid will
Justify the bringing OF another suit 10 re-
cover the amount Illegally paid.
IL was said yesterday that the announce
ment OF Justice walpole's finding has
awakened a number of other people who
have equally as good causes OF action as
Pitts. and wno will bring similar suits in
the near future. Other magistrates said
that they had been consulted about similar
cases.
Yesterday C. H. Thoman, of 50 North Da-
wilson street. applied to attorney l. l..
wIseman for advice to how he ooul1
compel the Indianapolis Gas Company ~
furnish him gas at SIS month. instead OF
Wiseman advised him to make a tender Of
SIS. informing him that the company
would probably refuse TO accept me money
and would shut OFF his gas. when he would
have the right TO apply TO the Circuit OF
SureriCr Court for a writ OF mandamus
TO compel the company 10 supply him with
gas at the legal rate. Attorneys look upor
OF the question, as IL Is said there Is but
little doubt that the lower courts will grant
the writ. In the event OF an appeal 10 the
Supreme Court. which the gas companies
would doubtless take, the consumer would
IN the meantime get his gas at the Lawful
rate. The FIRST cost OF securing the wri
would he insignificant. and adjudication
should follow without the wearisome delay.
that follow suits to recover overcharges
MandamuS cases are In the nature OF extra
ordinary remedies, and are generally Sc
Several attorneys said yesterday tina
there was but little doubt that the Suprem,
Court would affirm the decision OF either o.
the lower courts in granting a writ o
mandamus. and I'm holding that the com
pany could not lawfully collect more thar
the ordinance rates There seems 20 be
desire TO have the question tested, as Il II
said hundreds of consumers are compelle,
10 pay more than the legal rate or do with
out gas entirely.