The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-25
1T WOULD COST 100000
MIR. WINTER SAYS FOn GAS COMPANY
TO DO WHAT THE CITY ASKS
h Mandatory Proceedings Are AR
gued by Mr.. Winter and City Attor-
ney Kern-Other Court Cases.

Ferdinand Winter, in his argument yes
terday in the mandatory proceedings
brought by the city against the 1ndianap-
oils Gas Company, made the assertion that
II would require an expenditure Of nearly
$4,000 on the part Of the gas company
to do what the city asks in its suit TO
compel the company to lay a new line OF
pipe to the gas fields and sink twenty-five
new wells.
The argument in which Mr.. Winter took
part came up before Judge McMaster in
Room I, Superior Court, on the DEFENDANTS
demurrer to the plaintiffs complaint. The
argument began on Thursday. Mr.. Winter
talked Thursday morning and completed his
argument yesterday. He was followed by
City Attorney Kern. who took up a good
part OF the afternoon. Mr.. Winter closed
and Judge McMaster took the matter under
Amusement.
Mr.. Winter in making the point that it
would involve an immense outlay of funds
to make the improvements demanded by
the city, said ii would require fifty miles
Of pipe for the additional line. He figured
that this would have to be twelve-inch
pipe and would cost $50 a foot laid in
the ground. Then the company would have
to sink twenty-five new wells and with the
field pipe necessary to connect the wells
with the main line, they would cost at
least 1920 apiece. Mr.. Winter further ar
gued that although the city was not
asking that a new pumping station be
constructed, one would be necessary, and
it would probably cost about $4,000 In his
morning talk Mr.. Winter spoke Of the
duties of the board Of directors Of the gas
by City Attorney Kern. who was inclined
to be somewhat sarcastic. Mr.. Kern, in the
course of his talk, quoted Mr.. Winter as
follows: us this court going to deprive
this community of the judgment of our
board Of directors?"
MAY BE TEARS SHED.
when the mercury is down below zero
and gas is low commented Mr.. Kern, IF
there is any one thing we value it is the
judgment of your board of directors. There
may be tears shed If we are deprived Of
this judgment, but IL will be in the sum-
mer and not in the winter" Mr.. Kern
quoted extensively from authorities in sup
port of his contention that the court has
a right to compel the gas company to lay
an additional line of pipe and sink new
wells. Mr.. Kern made the following asser-
ton, based on a decision in the case of
Hawkins against the water company: "A
corporation undertaking by its acceptance
of a franchise to perform a public service
Cdil OO COAllpClltd II z that
and there can be no excuse unless ii is
shown that il cannot perform that service.
The question Is: Is 1t a public duty, and If
so there can be no question as 10 the au-
duty"
The Court-suppose, Mr.. Kern. a railroad
those who desire to become passengers. can
another line?'
City Attorney-The question here is not
quite that. 1 have no doubt that If a rail-
road company was required to get the con-
sent of authorities before It established it's
line, and made a contract that ii would put
on sufficient cars and would carry all pas
sengers, there would be no way to escape
that contract. any more than 1 could es-
cape If / had agreed to pay your Honor
so many dollars.
The Court-Even to the extent of build
ing another track?
City Attorney-Why. certainly.
Has it come to pass" asked Mr.. Kern.
that We must stop and consider before
undertaking TO make q corporation fill it's
contract whether it will interfere with the
prosperity of some of the stockholders?
The stakeholder who invests in this COM
pany ought to know what contracts have
been made and what the company's duties
are to the public before he goes into it.
This complaint alleges that the company
has an abundance of gas; that it is fnan-
cially able to get gas and that the only
thing lacking Is an avenue conduit to
pass the gas into the mains here. They
say say noIwtfhstand ~; we simply mean ante to
11t@H 1AS 40S Va 1LN NOEAS
and the courts and openly and b~razenly re-
pudiate our contracts"
AN INTIMATION.
Mr.. Kern intimated that some of the peo-
pie interested in the transportation Of gas
from the fields are responsible for news
paper articles which state that gas is
failing.
Attorney Winter in closing the argument
for the gas company charged that Mr..
Kern had set up a man of straw and then
demolished it. Mr.. Winter thought this kind
of talk would make good reading in the
newspapers. but 1t had nothing to do with
the questions presented to the court. Mr..
Winter recalled that the city attorney had
said something In his argument about the
interests of stockholders and bondholders
being subsidiary to the interests of the
public. The gas companys attorney said
there used to be a good deal of talk Of
this kind before the courts, but Ii subsidized
preme Court In the Munns case. In this
case the court modified it's original de-
cision when its attention was called to the
fourteenth amendment of the Constitution,
which says that no person shall be deprived
of his property without due process of law.
In modifying the decision in the Munns
case the court found that investors and
others engaged In business which serves the
public have a right to be so secured that
they may realize a reasonable return on
their investment. Mr.. Winter confined the
most OF bis closing argument to a discus
sion or authorities bearing on the case.