The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-07-13
Refuses to Rescind Ordinance
For Dollar Gas.
NEW TELEPHONES HERE
Franchise Granted to the B. F.
Pankey Company.
OF Rates Is Promised
by the Owner.
Water Company MuddIe Is Not
Yet Cleared.

let Cleared
The council last night refused to turn
away from its determination to get dol
lar gas for Topeka In spite of the
defiant appeal of the gas company, as
a company, of its president, c. K Hoi-
liday and of Judge ]. T. Clark, who
founded the company, the council STOOD
firm, and unanimously declared Its in
tention of not resembling the dollar gas
ordinance.
The appeal of the gas company for
leniency amounted to a fat refusal to
accept the terms laid down by the city
The gas company stated its case as fol-
lows
ITO the Honorable Mayor and Members
of the City Council:
THE Excelsior Coke and Gas COM
pany of the city of Topeka nlostrespect-
fully declines to accept the terms and
conditions imposed by ordinance num-
bered 2244, and approved July 10, 1901,
and hereby protests against said ordl-
nance. and any attempt to enforce the
same for the following reasons:
First, said ordinance. If enforced,
would be a violation of the terms of the
franchise heretofore issued by the city
of Topeka to this company without any
reason or justification for so doing.
Second because said ordinance II
enforced, would prevent this company
from operating and maintaining its
plant on a self sustaining and paying
Third, because this company has at
no time failed or neglected to comply
faithfully and honestly with the terms
of its franchise and render to the pub
lie the best possible service at a min
imum cost. Respectfully submitted,
"CHAS- K. HOLIDAY,
II. S. MORGAN.
Secretary"
In support Of this formal protest,
Charles X. Holiday made a short
speech, in which he said the ordinance
was hastily passed. He told of the inn
provements which the company has
been making during the past five years
He said that the plant only pays from
? to 4 per cent dividend not nickel
of which IS sent out to stockholders.
THE competition is unusually severe
here" said Mr.. Holiday. I'VE are in
competition with the best electric light
system in the country. with gasoline
lamps acetylene lamps, kerosene lamps
and talloW dips. Topeka cannot be
compared with Kansas City on prices,
because Kansas City consumes as much
in month as Topeka does in a year.
1t cannot be compared with Leayen-
worth, because the company there con-
trolls gas, electric light and the street
railway. 1t cannot be compared with
eastern cities because the conditions
are different Compare Topeka with
Lincoln or Wichita. In both of these
places gas rates are higher than in
Topeka The actual cost of distributing
gas in Topeka is $137 per thousand
cubic feet We ask that this ordinance
be reconsidered, and committee ap-
pointed to go over our books and be
convinced that what we say is true
After Mr.. Holiday finished his state
ment, the communication from Judge
J. T. Clark was read. Judge Clark
states that he does not own any stock
in the gas com pany, but feels that it
is his duty to tell the council what a
mistake 1T Is making in trying to force
the reduction of rates. The letter from
Mr.. Clark was quite lengthy
After the gas company had done its
worst. James A Troutman, council
man from the Sixth ward said: IT
want to say to the representatives of
the gas company that this gas ordi-
nance was not passed hastily as they
claim. The ordinance has been under
consideration for a number of years
This council does not meet here to pass
ordinances just for the fun of it. We
do not meet here to pass ordinances
simply for the purpose Of repeating
them at our next meeting. A repre-
sentative of the gas company, who is
present here this evening (referring to
Harrison Morgan, who had a state
ment in last evenings JournaD, gave
an interview to the evening paper in
which he cited the law on the gas stu
case He even went so far as to state
that the men bers of the council were
in their official capacity. a collection of
abnormally developed jackasses. Mr..
Mayor / move that we proceed with
the regular order of business
Mr.. Troutman's motion carried unan-
imously, and the only thing which re-
mains to show the place where the bat
the company, and the voluntary con-
tribution of Judge Clark.
IN SECRET SESSION
The consideration of the Waterworks
case last night was in secret session.
Nothing was done, however, except to
hear statements by City Attorney
Spencer and G. C Clemens.
Mr.. Spencer's statement Indicated
that he had IN general adopted the
views originally advocated by Mr.
Clemens. namely. that the water COM
pany obtained contract rights under the
law of 1853 which could not be repealed
by the law of 1891
In sustaining this position, 1t was
pointed out that the water company,
in 1889. acting under the 1888 law is
sued bonds and mortgaged its plant TO
the Atlantic Investment company
Three mortgages were given. aggregat-
ing 81 800 goo. One of the MORTGAGES
was for $500. 900. one for $3.50 600, and
one for $780, 900.
The council did not begin the consfd-
very late, and at about 80 the meet
ing adjourned to reasonable next Tues
day night for the further consideration
Of the yEaterWOrks situation.
SANTA FE SHOP LAND DEALS
A dozen Santa BE shop men were at
the council meeting last night 10 pro
test against the way in which the COM
mittee is trying to force them to sen
their homes for the Santa Fe shop ex-
tension.
They claim that they are not getting
enough for their houses Some claimed
that they are not getting what the
committee agreed to give them A Mr..
Evans stated that he had given an op-
ton on his two houses for ST. 900, but
that when he was notified to come and
get his money. he found that he had
been allowed only 81, 500 for the prem
tses- Several other cases of similar
nature We're cited.
The trouble saanz 70 he thai the