The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-02-12
A GAS INJUNCTION SUIT
CONSUMERS TRUST BEFORE THE
COURT ON CITY'S COMPLAINT.
Fuel at the Hospital InvoIved-CIaims
Made by the Conn
pany.

The suit Of the city against the Con-
sumers Gas Trust Company to prevent the
company shutting off the gas supply from
the City Hospital went 10 trial yesterday
morning in Room 3, Superior Court. Some
time ago temporary restraining order was
granted against the company, and the case
is now being tried to determine the right
Of the city to demand that the Consumers
Company shall continue to furnish gas.
Judge Carter yesterday heard the state
ments of the attorneys, and two or three
witnesses were examined. The case was
then continued until next Saturday.
City Attorney Kern, in stating the eitys
position in the case, held that the gas COM
pany, under the ordinance of 1887 has no
right to refuse to furnish gas to the hos
pital. The attorney said that since the
temporary injunction was granted the gas
company had continued to furnish the usual
supply. He thought this an indication that
the company's abrupt refusal to furnish
fuel was not due to it's inability to do so for
want of gas, for it seemed that there was
plenty yet.
w. A. Ketcham and Lamb & Hill ap-
peared for the gas company. Mr.. Ketcham
made the statement for the company. He
said the company had been furnishing gas
TO the hospital under a special contract per-
mitted by the ordinance. The company, he
said found that the gas pressure was getting
lower every year, and realized that it could
rot continue TO furnish gas to the hospital
for the prices provided in the special con-
tract. That was why the company gave
notice in December that it did not desire to
supply the hospital the coming year.
Hugh Mex. LandOn, secretary of the
Manufacturers Natural-gas Company, was
a witness for the Consumers company. He
said that in December last the Manufacture
ers company received notice from the City
Board of Health that it desired the COM
pany to submit bid for furnishing gas for
the City Hospital. The company sent In q
bid, offering TO supply the hospital at cents
a thousand feet. A day or two later the
company received notice from the Board of
Health that its bid had been accepted. Mr.
Landon said he then had a talk over the
telephone with DR.. Clark, of the Board of
Health. DR.. Clark wanted to know how
long it would take the company to make it's
connections at the hospital, stating that the
city was anxious to have this done by the
first of the year. The Manufacturers COM
pany then sent it's men to the hospital and
work was commenced on the connections.
While the men were at work some one came
to them and told them that they need not
proceed farther. Mr.. LandOn said that no
written contract ever existed between the
city and the Manufacturers company. Or.
Clark, being questioned, admitted the con-
versation testified to by Secretary Landon.
The physician said however, that at the
time this conversation took place he had
not investigated the contract which the gas
company expected the city to sign.
This is the way we looked at it, said one
of the lawyers for the Consumers company,
in discussing the merits Of the case after
court adjourned. I'VE knew that our gas
pressure was gradually getting lower. We
also knew that it would be as easy for the
hospital to get gas from the Manufacturers
company from The Manufacturers
company maintains line very near the
hospital and the company has plenty of
gas. 1t also offered to furnish it at a very
reasonable rate. We figured that if We
continued to furnish the hospital with gas
many Of our other consumers would suffer,
while the Manufacturers company could
furnish it with no inconvenience to its
DatrOnS"