The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-13
A 75-CENT RATE FOR GAS
ORDINANCE INTRODUCED BY MIR. AL
LEN so STIMULATES.
Mr.. WOIcOtt's Provides for Ninety
Cent INSTRUMENTATION of the Po-
lice Patrol System Contract.

Three important matters were before the
City Council last night. A committee was
appointed to investigate the charges against
Democratic member of the finance COM
mittee regarding an alleged attempt by him
to obtain money from one of the rival
companies bidding on the police telephone
system; two ordinances were introduced
fixing the price to be collected by illumin-
ating gas companies from consumers Zone
by Mr.. Allen at 70 cents and one by Mr.
Wolcott at 80 cents a thousand feeDs and
action was taken on the theater ordinance,
as described in another column.
The matter of investigating the charges
against the member of the finance commit
tee was brought up by a communication
from the Board of Safety calling attention
to the charges and asking that an investi-
ton be made, and resolving that no con-
tract would be signed by the board for the
police telephone system until the investi-
cation should be completed. Mr.. Clark in
troduced a resolution, which was adopted,
calling for the investigation, and asking
that the president of the Council appoint
a special committee of three to carry out
the investigation. Mr. Cooper thought the
regular committee on impeachment should
do the work. but President Costello ex-
planned that this committee by the ordi-
nance which created it, had no power to
investigate charges against a member of
the Council. President Costello appointed
as the investigating committee Messrs.
Montgomery, Golfer and Woody.
Mr.. Clark is the member of the finance
committee against whom the charges are
made, and is therefore the member to be
investigated. The agent of a rival company
to the one to which the Board of Safety
awarded the telephone contract charged
that Mr.. Clark had intimated that he could
secure the contract for this rival company
for 5000, saying that two boards and
councilmen" would have to be fixed"
CITY ATTORNEY ON GAS.
The city attorney submitted the follow
ing communication regarding the right of
the Council to regulate the price of gas:
In response to your communication as
to your power to regulate the charges for
artificial gas, 1 beg leave to say that there
is no doubt as 10 the right of the Legisia-
ture to regulate such charges or delegate
such authority to your body. This authori-
ty has been delegated to you in what is
known as the city charter, passed in 1891.
The power to regulate as so given would
be complete except for an ordinance passed
Feb. %, 1885, to which feel it my duty to
call your attention. Under Section of
that ordinance it is provided that the price
at which gas shall be furnished shall not
exceed $3.50 for each 1000 cubic feet. In
they street-railroad litigation, in which the
city HAS been vigorously engaged for some
time the contention has always been made
that such a provision means that the legis-
latiVe body shall not fix a price al small
er sum than that designated. With this
contention, however, L cannot and never
have agreed. l further beg leave to call
your attention to Section of the above
mentioned ordinance, of which the lam
guage is as follows:
If any discovery or improvement shall
be made in the preparation of gas from
coal or other material, either solid or liquid,
by which the cost of obtaining the same
same shall be adopted in other principal
cities of the country, then and in such case
the company aforesaid shall introduce and
use such discoveries or improvements in
said city of Indianapolis, and shall make
SUCH reduction in the price of gas as shall
be ptoportionate to the saving by such dis
cOVery or improvement.
1T seems that there has been some i'm
provement by which the price of gas has
been reduced in a large number of cities.
This being true, under the language of the
contract accepted by the gas company you
would now have the power to pass an or
dinance fixing a reasonable price Citations
are too numerous and have been repeatedly
reviewed, most recently in the arguments
before the Legislature and the United
States Court for this circuit.
II, therefore, beg leave to say that am
of the opinion that you can pass an ordi-
nance fixing the price which may be
charged for gas within the city"
ONE AT rs CENTS.
Following out this opinion, two ordi-
nances were introduced and referred to
committees. One by Mr.. Wolcott, fixes the
maximum price to be charged at 80 cents a
thousand cubic feet. 1t also provides that
an additional charge is to be made against
consumers for meters and fixes the penalty
for violating the provisions of the ordi-
nance at a fine of from $40 to 800, to which
may be added Imprisonment not to exceed
ninety days, and each wrong or unlawful
charge and each day such unlawful rate of
charge is computed shall constitute a sep
arate offense and be subject TO the penalty.
A further provision of the ordinance allows
the consumer who is unlaWfully charged
to recover by civil action a judgment of
$500 from the company making the unlaW-
full charge. An ordinance introduced by
Mr.. Allen makes Is cents the maximum
price to be charged and fixes the fine at
any sum not to exceed 500.
PEDDLERS MAY CONTINUE YELLING.
General ordinance No. 81, which was in
tended to increase tire license fee of ped
dlers and to extend the fee to cover more
classes, and which was intended to prevent
peddlers from crying out their wares in the
streets, was stricken from the files. The
ordinance was Objectionable because it linn
tied the number of licenses to be issued to
each individual to one, required each indi-
vidual engaged in the business to take out
a license and increased the fee. Mr.. Payne
offered as a substitute an ordinance for
bidding peddlers crying out their wares.
but this toe voted down. Mr.. Golfer
stated that there was already an ordinance
prohibiting 'unseemly noises, and would
fully protect people from disturbance If en-
forced.
The ordinance forbidding the carrying of
children under four years old on bicycles
was passed. Mr.. Wolcott objected to its
passage. He argued that there were few
accidents from this reason, and that the
wheel was the poor mans carriage" Be
sides Mr.. Wolcott, the following voted
against the passage of the ordinance:
Messrs. Madden, Payne, Puryear. Woody.
The ordinance appropriating $4,400 for the
use of the finance department vas also
passed. The money will be used to pay off
the following obligations incurred by the
recent annexation of the suburbs: West
Indianapolis schoolhouse bond, 81 600;
schoolhouse bonds 1,S0e;
Haughvile reading room bonds, $3.50;
Mount Jackson schoolhouse bond 800.
SOME MORE PROMISES.
Mayor as Successful as His Health