The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-12-27
A GAS CASE ON APPEAL
RIGHT OF A COMPANY TO REFUSE
TO FURNISH FUEL.
The Suit Of Ann e. Wood Against the
Consumers Gas Company
Mr.. Kern's Brief.

An appeal was fled I'm the Supreme Court
yesterday in the case of Ann Z. Wood
against the Consumers Gas Trust Conn
pany, brought on relation of the State
of Indiana, to compel the gas company to
connect it's main on Bellefontaine street
with a furnace in the basement of her
house. The appeal Is from the Marion
county Superior Court. An alternative writ
OF mandate was filed by the gas company
in three paragraphs. the first being a gen.
eral denial. A demurrer was filed to each
of the other paragraphs, the demurrer to
the second being overruled and the de-
murrer to the third being sustained. The
plaintiff elected to stand on her demurrer
to the Supreme Court. The question at
issue is the sufficiency Of the second par
agraph of the return to the alternative
writ of mandate. The appeal was filed by
Jchn w. Kern.
Ann E. Wood lives on Bellefontaine
street On April 1, 1899 and Sept. II, 1899,
she requested the company to connect its
gas main with the furnace in her house
Both times the request was refused. The
second paragraph of the return sets out
that the company had done all in its power
to supply gas to the citizens of Indianap-
oils, but the gas field had failed, many
wells were abandoned and the company
was not then able to supply customers al
ready on its lines with fuel in cold wealth
.er. 1t said that prior to the filing of the
suit gas had been shut off from factories
and that at a meeting of stockholders IL
was decided to furnish no residences with
fuel other than those already on the lines.
While it was admitted that the company
Old business under articles of incorpora-
ton and a franchise setting out it's pur-
pose and duty to be to furnish the citi-
zens of Indianapolis Will natural gas, II
was cited that the company was acting in
the best interests of it's customers and
stockholders in refusing to make further
connections with residences. 1t was also
cited that the company was not financially
able to drill an adequate number of wells,
and although one pumping station was in
operation and another was under construc-
ton, yet there was still a shortage of
gas for the old customers. The discrim-
ination was said to be legitimate under the
circumstances
Mr.. Kern, in his brief submitted with the
appeal, attempts to show that the company
must conform to the specifications set out
In it's articles of Incorporation and fran
chise, which are In the nature of a con-
tract. In bringing out this point he says:
when a State grants to such a corpora
ton the right to carry on certain busi-
ness, and a municipality grants Ii the use
Of its streets II the furtherance of such
business, such grants are made In the con-
sideration of the engagement solemnly en-
tered into by the corporation to ender eff
fcient service to the public without ex-
ception or discrimination. and the engage
ment Of the corporation is as binding upon
Il as any other part of the contract; that
the grant of authority to perform public
service on the one hand Is balanced by
the duty resting on the corporation to
perform that service, or both"