The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-23
HOW ABOUT CHEAP GAS?
LEGAL DEPARTMENT IN NO HURRY
TO PUSH 1T ALONG.
No Steps Toward Getting Rid of the
Temporary Injunction Yet Taken
Answer Is Overdue.

During the campaign it was broadly
limited more than once that the reason the
indianapolis Gas Company was so active
in support of Mayor Taggart lay in the
fact that there was an understanding that
if he was reelected the city attorney
would not trouble himself much about
pushing the litigation that must be gone
through before the cheap gas ordinance can
become effective. Just before the campaign
opened the Council passed an ordinance
requiring the furnishing CT Illuminating gas
at Is cents thousand feet. The gas COM
pany promptly asked the Federal Court for
an injunction. The city attorney, the as
sistant city attorney and all the rest of the
city's legal machinery were out of the city
enjoying a summer vacation. The city at
torney returned just in time to take a train
to Goshen, where Judge Baker heard the
arguments, and, practically without any
preparation, made perfunctory argument
against the bill.
A temporary restraining order was issued
end the city was ruled to answer the bill
of complaint by the first Monday in Octo-
Der. The court, of it's own notion pro-
tected the interests Of the people in the
meantime by ruling that if, upon final hear
ing, the company should fail to obtain a
permanent Injunction it should rebate to
consumers all it had collected above the
charge named in the ordinance, and re-
quired the company to give bond that this
would be done
The company filed it's bill Aug. II, and
the temporary restraining order was issued
Aug. 80 When Mr.. Winter, the attorney of
the company, was asked what would be the
next step, he replied: THAT is the city's
business. We have no further cause to
worry until the city acts"
The company has not since been given
any cause to worry by the city attorney.
Further than to enter an appearance for
the city on Sept. z, the law department of
the city has taken no steps to have the in
junction dissolved in order that the ordi-
nance may be enforced AMI the people be
given cheaper gas. The first Monday in Oc-
tobef, the Gay the city was to have filed its
answer, has come and gone long ago, but
the legal department of the city has not
yet even begun the preparation of this an
Joseph e.. Bell, who was assistant city at
torney under Mr.. Curtis, and has the same
position under Mr. Kern, was asked yes
terday what the status of the gas litiga-
Well replied Mr.. Bell, sit is pending
In the Federal Court. The company OBJ
tanned temporary injunction and the mat
ter will be taken up before long,
How is 1t that the city did not file it's
answer when ii was due?"
Mr.. Curtis had some arrangement with
Mr.. Winter about that. / believe he told
him that he would be city attorney but a
short time longer, and would prefer that
his successor should handle the case. Mr..
Kern expects to take 1t up at once. He has
been busy with cases in the Circuit Court
ever since he was appointed. There would
not have, been time to prepare the answer
in the allotted time anyway"
Has Mr.. Kern begun the preparation OF
the he, city's answer yet" was asked.
No, but 1t is his intention to take the
matter up as soon as possible