The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-26

" per cent annual dividends on its stock
and per cent on It's bonds. which stock
and bonds aggregate more than 100000.
the same being largely in excess OF the
value of said plant.
Plaintiff further says that other con-
tracts or similar nature TO the ones here
totore mentioned were entered into between
said defendant and the then suburban
towns or the city of Indianapolis, which
suburban towns have since been annexed
10 the city OF Indianapolis and are now
a part or and within the corporate limits
or said city, by reason Of which. together
with the other allegations herein contained,
the consumers of natural gas OF SAID an
nexed territory are entitled to the relef
asked herein.
And the plaintiff further alleges that
IL Is informed that the defendant intends
and Will actually discontinue Its service or
gas to its present consumers upon the
ming of proceedings herein and notice OF
temporary restraining order, notwithstand-
ing the notice to consumers that the dis
continuance would occur on Sept 80. 1902;
tnat such action on the part OF defendant
would be highly prejudicial 70 plaintiff and
10 the rights of consumers; that this cause
could not be heard and determined on its
merits before Sept. %. 1902. and that pend
ing such determination the present service
ought TO be continued, and for said reasons
plaintin cannot give notice to it's applica-
uoh Ior temporary restraining order.
PRAYER OF PLAINTIFF.
Wherefore. plaintiff prays that an order
be granted restraining defendant from dis
continuing the distribution and sale of
natural gas within the corporate limits or
the city of Indianapolis under the terms
and conditions expressed In its said fran
chises and contracts. and from discontinue
ing to supply natural gas to it's several
customers within the corporate limits OF
said city and TO the citizens and property
owners thereof located and situated along
the line OF and having heating and cook
ing appliances connected with the natural
gas mains now owned and controlled by
defendant in said city, and from discon-
Meeting said natural gas mains and pipes
from the furnaces. boilers, ranges, stoves,
CRATES, heaters and other appliances Tor
heating, cooking, used owned or controlled
by said consumers, and from committing
any act or taking any action causing or
permitting same TO be done. And that sara
defendant. its officers. agents, servants or
employees be also restrained from cutting
off, disconnecting diminishing or In any
way obstructing or impeding the supply OF
natural gas as IL is now being supplied, or
as it has been furnished for twelve months
last past, and directing and ordering SAID
defendant to continue to supply natural gas
to said consumers according TO said ordi-
nance and contracts until notice of hearing
can be given, and upon such hearing tenn
porary injunction may be granted until
final hearing can be had, and upon hnal
hearing said injunction may be made per-
petual. and for all other proper relief
The complaint is sworn to by City At
torney Frederick A. Joss. The order Is
sued by Judge feathers contains all the
specifications required and set out In the
petition. If customary process is carried
out the temporary order will be continued
until final hearing. The temporary writ,
however, may be dissolved upon the nrst
hearing IL the gas company can show that
the allegations contained in the complaint
not facts sufficient to warrant suit
and further continuances. 1t is seldom that
temporary restraining order Is dissolved
until final hearing. because there Is not
usually sufficient time to make thorough
investigation OF the case pending. AS TINS
suit is so broad and far-reaching Ii is not
believed that the temporary order will be
continued until final hearing, when woulo
not likely take place for several montns
In that event Ii is supposed the case Will
go to the Supreme Court. where 1T Will en-
counter another delay OF several months.
Altogether il is not likely that gas Will De
discontinued by the Indianapolis Company
this winter because of the time necessary
to get the case through court.