The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-30
THE GAS CASE DECISION
WRIT OF MANDATE ASKED BY THE
PLAINTIFF is DENIED.
Judge Carter's Decision VIII Act as
a Temporary Stay to Proceed
ings-A Partnership Suit.

Judge Carter, Of the Superior Court, yes
terday gave his decision in the suit OF the
State ex rel. Ann E.. Wood against the
Consumers Gas Trust Company, denying
the writ of mandate asked for by the plain
tiff. The suit was brought TO compel the
gas company 10 connect a house which
Mrs. Wood built on Bellefontaine street
with the ~company's mains. The contention
of the company was that it had not sufi-
cient gas to supply any more consumers.
In discussing the different propositions pre-
sented the court said:
Natural gas is a commodity just as much
as coal. petroleum or ore. Until it is with
drawn 1t belongs 70 the owner of the land
underneath which IL lies. but the instant ii
Is withdrawn through the wells into the
company's pipes ii belongs to the company,
and is the subject OF sale just the same as
is coal or coal oil; except in the case of the
gas. because IL must be transported through
pipes laid in the streets. the company has
no choice as TO the persons to whom it will
sell; ii must supply all corners 80 long as it
has any 10 sell. There are always two ways
in which gas is sold and delivered. One is
by measurement, at so much per thousand
cubic feet; the other is at a certain price per
stove. crate or furnace supplied. When the
question is stripped of its covering and laid
bare, It is found 10 be in a very narrow
compass. The situation is this: The de-
PENDANT is a corporation engaged in trans
porting and selling natural gas; It's supply
is limited. Suppose il to be 100. 900! 900 cubic
feet per day. The company, in accordance
with law. has received all applicants and
made contracts with them until IL has found
that to supply its then customers IL would
take over 100, 900, 600 cubic feet per day. I'm
der such circumstances how much gas has
such company to sell to new customers?
Every foot that Il can transport to this
city has been sold and paid for in advance.
What right. then, has the company to sell
this same gas to other applicants and re-
ceive pay for IL again? If the company is
compelled TO keep on taking new consum-
ers after its capacity has been exhausted,
possible for a natural gas company to sell
and receive pay in advance at full price
double the quantity of gas ii iS possible for
Ii to transport and supply to its customers,
| and the service would be insufficient and
unsatisfactory TO all Shall the courts be
put In the attitude of not merely permitting
or enabling but actually compelling the
company. by way Of mandamus. TO do this
thing? Under the facts stated in the return
to perform the acts sought TO be compelled
is fully shown, and for the purpose of the
demurrer these facts are admitted to be
true. III not true, then the falSity can be
shown on the final hearing.
whether or not some more favorable re-
suit could be worked out for new consum-
ers under the relations which would obtain
between the company and its patrons. under
some other method of selling the gas. is a
| as that question is not involved In the
propositions submitted to me-"
| Us a result OF the courts finding 1t Is
expected the case will go 10 trial on it's
| merits. when the company will have a
chance to prove its inability to furnish gas.