The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-06-30
THE MYSTERY is DEEP
NOTHING FOUND IN COURT ANNALS
ABOUT ELECTRoLYsIS.
City Attorneys Opinion Upon Which
Gas Company's Suit Was Based-
Municipal Affairs.

The consideration of the question of cleo
trolysis, which was taken up by the Board
of Safety some time ago, will no doubt
be postponed until the action of the courts
in the case Of the Manufacturers Natural
Gas Company against the indianapolis
Street-railway Company for damages in
the sum of Sc, 600. which was filed a few
days ago, has provided a basis for action
by the board.
The board started out with the idea of
making a thorough investigation and re-
qested the opinion of City Attorney Kern
in the matter. The opinion was given June
q after a conference with the officers of
both the gas company and the street-car
company. Immediately after the confer
ences the suit was filed. and yesterday the
opinion same up at the boards meeting.
The filing of the suit was the direct result
of the investigation and recommendation
Of the city attorney.
The opinion, in view of the great threat
ened danger from fire losses which might
result from bursting water mains made
weak by electrolysis contains many points
of interest and is as follows:
Some time ago you sent to this depart
ment a communication from Miller, Elan &
Fesler, attorneys for the Manufacturers
Natural Gas Company relating 10 the de-
struction of the natural-gas mains and
pipes by the action of the electrical cur
rents coming from what is claimed to be
the electric wires of the Indianapolis
Street-railway Company, which communi-
cation requested that your board take i'm
mediate steps for the purpose of requiring
said street-car company to make such al
terations in its electric system as will pre-
vent the said damage, claiming that you
possess that power by virtue, first, of your
| general police powers, and, second, of Sec
lions 6 and is of the street-railway fran
chise, and you requested an opinion as to
what steps should be taken in the matter. +,
In Section 8 or the street-car franchise
1t is provided that your department shall
have power at all times to inspect and test
the amount Of electro-motive force used
and the strength of the current conveyed
upon the street-ear company's wires, and
also power to order and require any such
changes therein as may be necessary to in
sure, as far as possible, the safety Of the
public and prevent damage to any prop
erty.
Under Section Is of said franchise it is
provided that the rights granted the In
dianapolis Street-railway ompany should
not in any way impair the vested rights of
any gas. water, light or other corporation
having a contract with the city of Indian
apolis.
Upon receiving your communication this
department had several conferences with
the officers OF the street-railway company
and with it's attorney relating to the dam
age being caused by what is commonly
known as 'electrolysis' to the various gas
and water pipes throughout the city. The
said attorney and officers of the street.
railway company deny that the destruction
of the gas mains IN question is the result
| car company, claiming that to a very great
extent the gas pipes in small towns where
there is no electric current have suffered
damage in the same way.
II saTha c,hfacf 80 alaofrnlx-c;c &c N oau- 1oo
to the law. / have not been able to find a
single instance where this question has
ever been in any of the courts of this coun-
try, which would indicate that there is
great doubt in the minds of persons con-
nected with the operation of water and gas
companies as to just what is the real cause
| gas mains commonly designated as e~lectrol-
ysis.
while it is true that under Section 6
of the street-raiiway franchise your board
Is given power TO inspect and test the
strength of the electric currents of the
street-railway company and require them
TO make such changes therein as will in
sure the IS safety nrSns of the seF Pu 1nf,, or fna prevent event
ton of the cause Of electrolysis has been
definitely settled. and also a safe remedy
therefor has been discovered, 1 think it
extremely doubtful as to the power of your
| board to remedy this matter.
Before your board can compel the street.
car company to make such changes as will
i prevent Tie QdildSG WIG IL Is CldlInSl
| results from its electric current Ii is neces-
sary for you to be able to suggest what
| changes are necessary to remedy IL. So
far this question seems to be an unsolved
problem.
| "It strikes me that in order that the
| rights of the parties might be definitely set
tied in the matter the Manufacturers Gas
| Company should bring an action to re-
cover damages on account of the alleged
destruction of it's gas mains. so that the
| question of the cause of such damage and
| the remedy therefor can be definitely set
tied IN the courts. After this is once done
and the question of the responsibility for
| such destruction of property definitely fixed
and settled, then your board might be able
to take some step that would prevent such
damage. If the destruction of the gas
mains Is one that is caused by the improper
use of the electric current of the street.
railway company, that company is more
interested than any one else In finding a
remedy for the same. and once the question
| of its responsibility for such damage is
settled in the courts, | have no doubt that
immediate steps will be taken by the com
pany, if possible to do so, to entirely rem
edy the evil. Until such time as the ques-
ton has been settled in the courts j do not
| see that your board can take any effective
steps in the matter"