The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-11
THE NATURAL-GAs LITIGATION.

The mandamus suit filed .by the city at
torney to compel the Indianapolis Gas
Company to ADOPT measures for securing
and delivering a larger supply of natural
gas has very much the appearance of a
fake" proceeding. 1t is unfortunate for a
fair solution of the gas question that Mayor
Tagsart was elected under an unequivocal
pledge against the introduction of meters,
which pledge was made for political pur-
poses, without any personal knowledge of
the merits of the question and, of course,
without regard to them. What he probably
regards political consistency requires him
in the redemption Of ante-election pledges to
favor any scheme rather than the introduce
tion of meters, no matter how impractical
or visionary it may be. and the more
plausible It looks on the surface the bet
ter it will suit his purpose. Whether the or
dinance recently introduced i'm the Council
and the suit filed by the city attorney are
two different schemes parts of the same
one is not certain, but both have the APP
pearance of being sham proceedings. insti-
tuted for effect and without any expectation
OF securing practical results As far as the
ordinance is concerned the companies have
a contract with the city, made binding by
their acceptance of certain conditions, and
they cannot be compelled to accept new con-
ditions, i'm other words, make a new con-
tract, without their consent. AS for the suit
il is extremely doubtful If a mandamus pro-
ceeding will lie in such case. writ Of
mandamus may issue against corporation
to compel the performance of some specific
act which is within the line of its
duty and clearly practicable, but not TO
compel it to adopt entirely new policy
of tentative character and uncertain results.
BY their existing contract with the city the
companies bound themselves to lay pipes
and mains of 1.-The most approved design
and quality and of standard weight but
there is no provision that they may be or
dered to lay new pipes or mains. They are
not bound to sink new wells or maintain
old ones. Their contract with the city re-
quires them to furnish natural gas, but no
specified quantity or amount thereof ex-
cept it is provided that the rates are
based on "a pressure of four ounces per
| square inch at the point of consumption"
and experts say that would be very danger
| Gus. Under the contract with the companies
| a court might order them, as provided in
| the contract, to establish and maintain the
pressure above named, but it certainly would
not specify the means of doing so. A court
would not take judicial notice of the fact,
| If il is fact, that there is virgin gas ter
| rtory which the companies may enter. nor
| would 1t order them to sink new wells which
might might not be successful. In short,
| the prayer of the petition seems to be en-
| tirely outside of the ordinary line of man.
| damus proceedings. The suit, like the Or
| dinance, seems to indicate a purpose on the
| part of the mayor and city attorney to
make the public believe they are trying to
| do something when. in reality, they do not
| expect to accomplish anything. 1t looks as
| if they were trying by sham proceedings
| 20 offset their contemptuous rejection of the
meter proposition.