The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-11-02
MUST FURNISH THE FUEL
THE WOOD GAS CASE DECIDED
AGAINST THE COMPANY.
Houses on Companies Lines Must BE
Connected When Demand Is
Nade-Other Decisions.

In a vigorous opinion handed down yes
terday, reversing the case of the State on
the relation Of Anne Il. Wood against the
Consumers Gas Trust Company, the SUI
preme Court held that a gas company must
supply connections to every house situated
along its mains upon application, regard
less of the fact that it may not have
enough gas Ito go round" Mrs. Wood
owned a lot on Bellefontaine street which
was not provided with a house at the time
the gas company began putting in service
pipes from its main on that street. and
she did not apply for such pipe. but after
wards, when she erected a house on the
lot, she asked that it be connected with
the main and was refused. the company
asserting that it was already supplying as
many fires as it could.
The court made very plain the distinc
ton that Mrs Wood, in her complaint for
a mandamus, did not ask that the company
be compelled to furnish her a sufficiency of
gas but only that it be required to connect
her house with its main, so that she could,
in common with others living along the
main. draw gas from il. The opinion says:
"Bellefontaine street in front of her house,
has been dug up and her property made
servient To the Use of appellee In laying
its pipes and in carrying forward it's bust
ness. and her right TO use the gas and to
share i'm the public benefit thus secured
whatever it may amount 10, is equal to
the right of any other inhabitant of the
city"
In the saloon-hcense appeal Of the State
against William J.. Sopher the supreme
Court decided that when an appeal Ia
taken by demonstrators from an order of a
board OF county commissioners granting a
saloon license the granting Of the license
will protect the saloon keeper from convic-
ton for selling without license only un-
til the end of the next term OF court at
which the appeal of the demonstrators may
be tried. Sopher was granted license,
an appeal was taken from the action Of
the county commissioners in so doing. and
by one pretext and another the saloon
keeper put off the hearing OF the appeal
Until almost a year had elapsed. thus get
ting for nothing all the advantages that
he would have had if he had been in un-
disturbed possession of a license. The
Circuit Court instructed the jury that the
granting of the license protected Sopher
during the tendency Of the appeal, and he
was acquitted OF the charge of selling
acquttal was reversed by the Supreme
Court. The section Of the liquor law re-
lating TO appeals had not previously been
construed by the higher court.
The Supreme Court handed down an
opinion denying 10 a township assessor a
writ of mandate 20 compel the County
Council 70 make an appropriation for. pay
meut 10 him in excess of the appropriation
made at the beginning of the year. The
assessor had notified the Council at the be-
ginning of the year that IL would probably
assessment OF property and asked Tor an
appropriation of Sl20, s. per day. The Coun-
ell cut this 10 500. The Supreme Court gave
as reasons for its decision that the trustee <
claim had never been allowed by the Board
of County Commissioners or the Circuit
Court. and that there was no emergency
calling for On immediate payment o. the
assessors claim in advance OF the next an