Richmond daily palladium. [volume] (Richmond, Ind.) 1876-1904, 1898-12-07
THE GAS CASE
STILL RUNNING ON In THE
CIRCUIT COURT.
The Argument Of Mr.. Robbins and
That of Mr.. Lindemuth Yester-
day Afternoon end This Morn
ing, ard That of Mr.. Harris his
Afteraoon = Considerable Ia-
terest.

The case of David f. White VS. the
Natural Gas company of the city of
Richmond is still occupying the a'ten-
ton of the circuit court. 1t came up
yesterday afternoon op a motion to
quash the writ of mandamus issued by
Judge Il c. Fox. Attorney Robbins
made his plea yesterday afternoon for
the defense on the motion made by the
defense to quasb. He was followed
this morning by ex-City Attorney Lin
demuth In a long speech. and this
afternoon Attorney A. c. Harris of In
dianapolis took the floor and made a
plea for the plaintiff and against the
luashing of the writ.
The argument of Mr.. Robbins was
that when a corporation for public
service is organ zed and chartered, the
law casts upon its directors the duty
to fix the rates for its commodity. The
right to sell the commodity implying
the power to fix rates, subject to the
states legislative right to control the
rate if too high or if unreasonable. In
fixing the price at which they are to
sell their commodity, the directors are
clothed with the power of discrimina-
ton and the right TO exercise judgment
to determine the facts and the law in
all matters pertaining to their busi-
ness and to act accordingly In
regard to the reasonableness of their
prices. 1t is one of the prir ciples of
law that in issuing a manjamus the
court has no right to control the dis
cretionary powers of any tribunal
vested with power to exercise dis
hot Ne
the dire ectors are more than minis
terial, but judicial as we'll. The law
has the power to compel the perfor-
nance of purely ministerial acts, but
not of those in which the law gives
discretionary power. Moreover, when
the court was called upon to fix rate
for the future, it was called
upon to make law, to
fulfill legislative rather than a
judicial function. No court has ever
assumed the power to fix rates for the
future, that function being recognized
as purely legislative. The power to
fix rates is one that is not only clearly
and solely legislative, but it is also a
part of the police power of the lexisla-
ture, to prevent the eneroaehments of
corporations on the rights of individ-
mails. 1t is the same power that regu-
lates the speed of trains through cor
porations and the whistling of locomo-
tives at crossings.
After Robbins had finished last even
ing the court adjourned. This morn
ing Mr.. Lindemuth began aud made .
argument, taking up the OPP
posite ground from that held by Mr.. |
s Mr.. Harris began his talk near IL
O'Clock this morning and made won
strong argument. He dwelt
upon the various phases of the case in
in a clear and logical manner. He laid
down good, strong basis for a case,
basing his remarks and argument on
the fact that the common law enters
into all the affairs of corporations
and into the franchises granted
them by cities and towns. He
stated that the whole question
hinged upon the reasonableness of the
rates. He says that the corporation
has not the right that belongs to the
to sell at his own price or
to hold, but that it is compelled to
furnish its product, when that pro
duet is a commodity of necessity and |
daily use, whenever a price declared
by the law to be reasonable |
shall be offered. He stated also that |
the individual who uses but small |
quantity of gas for warming or light
ing his home has right to be given
the same rate per thousand cubic |
feet meter measure as has the
who uses it by |
large quantities. He stated /
that this point had been decided |
by the supreme court of the state of |
Indiana, in the matter of railroad cor
porations and freight rates. the court !
deciding that the man who shipped