The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-01-22
Judge Aiken, of Allen County, Enjoins
the State from Prosecuting Of
tenders Under the Act OF 1881.
TWO VICTIMS OF THE RAIL
CONDUCTORS KILLED AT TERRE
HAUTE AND NEAR GREENCAsTLE.
Failure for $4,000 at Fort Wayne
Deadly Feud i'm Howard County
Hogs That Stole Themselves.
pecIal to the Indianapolis Journal.

Special TO the indianapolis Journal.
FORT WAYNE, Ind, Jan. H-Judge
Aiken. of the Allen county Superior Court
has issued a perpetual injunction against
Charles r. Lane. deputy supervisor OF OILS
for the Twelfth district of Indiana, to pre-
vent him carrying out his announced IN
tention to file affidavits against the users OF
gasoline for Illuminating purposes The
deputy supervisor, under direction Of State
Supervisor Earring, gave three agents OF as
many different lamps in this city, who are
themselves using gasoline for Illuminating
purposes, notice that they were violating
the laws regarding the inspection Of all
products of petroleum used for illumina-
ton. and that ten days time would be al
lowed to provide themselves with some
other light The ten days expired on Mon
day. but the injunction was served just
before the time expired, and the deputy
supervisor is now effectually kept from
interfering with the use Of gasoline vapor
lamps.
The injunction was sued for in the name
of the Meyer Cycle Company, of this CITY,
one of the three upon whom notice was
served. The company represents the Amer
lean Lighting Company, OF Chicago. The
others involved in the case were P. +.
Dixon, agent for the "F P" machine OF
Cincinnati, and o. B. Robbins, agent for
the Best Street Light Company, OF Canton,
o. They had Mr.. D. c. Imboden, chairman
Of the committee on insurance Of the Ma
tional Association of Lamp Manufacturers,
here to represent the other members Of the
asssNiation. Judge Aiken heard the evil
dence of the agents, and had one of the
lamps brought into the courtroom and
lighted. so as to ascertain the mode of Its
operation and reach a decision TO its
validity under the law. Mr.. Lane called
iii the prosecuting attorney, r. V. Emrick,
to represent the States side of the case.
The plaintiffs asserted that the law is
invalid from the fact that the lamps in
question depend upon the incandescence of
a mantel heated by the vapor of gasoline
identically the same that is used for cook
ing purposes in stove in which 1t is law
full to use it. The same vapOr taken by
one pipe from the reservoir containing gas
oline may be lawfully used for cooking
purposes, while vapOr indicted by another
pipe from this reservoir and used to heat
a mantel to a white incandescent glow
would under the holding of the oil in
spector. be unlawful. They declared that
the act of 1884, which was passed before
the development of gasoline lamps, was
thus reduced to an abSurdity, making the
vapor lighted for one purpose lawful, while
lighted for another purpose under the same
conditions unlawful.
Prosecuting Attorney Emrick sought to
bring out facts to substantiate the law, but
the court in his ruling adopted the argu-
ment of the plaintiffs counsel saying that
it was evident the statute under which the
action was threatened evidently had no
reference to the use of gasoline in lamps
of the present day, which have been
adapted TO using gasoline more to heat the
mantel to an incondescent state than to
produce light itself. 1t is absurd, he said,
to punish the users of gasoline in one in
stance and not the other. when there is
no difference in the conditions of danger.
He therefore declared the law ivalid so far
as it has been construed to prohibit the
use of gasoline for illuminating purposes
and not for heating purposes. The costs of
the Injunction were assessed against the
plaintiffs.
The decision is the first to be made in
| this State on the subject and becomes the
law until appealed. The deputy inspector
says no effort will be made by him to
appeal to the Supreme Court, as there is
no fund for such purpose, and the new in
| spection law. effective in 1903 removes the
cause for prosecution by providing for the
| inspection of gasoline for Illuminating pur-
poses. 1t brought out in evidence
| that there are between $4,000 and 60 900 users
of lamps of this description in this State.