The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-01-31
THE ClTY'S GAS INQUIRY
MIR. KERN's ANSWER WILL HAVE
SOME INTERESTING DISCLOSURES.
Probably BE Filed This Weeix-Per-
jury in Damage Suits Against
the City.

City Attorney Kern has about completed
the answer in the suit brought by the In
dianapolis Gas Company to enjoin the city
officials from enforcing the 75-cent gas ordi-
nance. lie said last week that he was giving
the answer the finishing touches and that
1t would be ready to file in the Federal
Court soon, perhaps this week. The answer
will make some interesting disclosures with
regard 10 the gas business. 1t will be
tale of many gas companies" as Mr..
Kern puts 1t. 1t has been difficult for the
city attorney to get reliable information
with regard to the cost of manufacturing
gas, that is, information that could be re-
duced to evidence. 1t has been the attor-
ney's effort to make no allegations in the
answer that cannot be sustained by proof.
Now that the cases to GUST the two street.
car companies from the streets of Indian
apois after 1901 have been argued and sub
mitted for judgment ans finding in the
Hamilton county court, the city attorney
will arrange with the attorneys for the
Citizens Street-railroad Company to take
up the 3-cent-fare case in the Federal
Court again. A master is to be appointed
to hear evidence. 1t is presumed the COM
pany will introduce some evidence to the
reasonableness of a Scent fare. The talk
ing of evidence perhaps will occupy two or
three weeks time. The city attorney hopes
to get all the street-car cases before the
United States Supreme Court this spring
that is providing appeals are taken to that
court from the decision of the Indiana SUI
preme Court in the Noblesville cases. 1t is
believed this will be done. The 3-cent-fare
case, in any event, will go to the Supreme
Court Of The United States.
some of the suits for personal damages
brought against the city. City Attorney
Kern and his deputy, Mr.. Bell, have been
very much annoyed by the perjured state
ments made by some witnesses. In a re-
cent case a woman swore that after falling
on the street, she was compelled to keep
her bed for six weeks There were those
of her neighbors who testified that the
cident occurred in indianapolis, and the
woman walked to a. suburb after 1t hap
pened In her testimony she declared that
the morning, until late in the afternoon, and
that after the accident she had to be taken
home. The city. was able to produce sew
eral nelghborS who testified that they came
to indianapolis with the woman the next
day after the accident to do some shop
ping. This was a flat contradiction of her
story that she was kept in bed six weeks.
There was another caSe-tbat of a woman
who caught her foot in broken culvert
and brought suit against the city to re-
caused her After the trial attorneys heard
of two different physicians who had re-
fused to treat her case because it appeared
clear to them that she was trying to trump
UP q claim against the city. On the strength
of this information, new trial has been
granted the city.
The practice Of swearing to falsehoods
has become so common in this class of
cases that Mr.. Kern thinks very seriously
of having some classifying witness punished
for perjury as a warning to others. 1t is
an unpleasant thing to think about punish
must be done. In the first case mentioned
above, it seems that the woman about fif-
teen months ago recovered a Judgment
against a railroad company account of
a personal injury. Now that the money is
gone, the attorneys think that she has con-
cluded to replenish her purse at the citys
exnenSe