The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-12-31
Mayor Bookwalter Says City Is Alum
dantly Prepared to Try the
Case on Facts.
WHAT JOHN R. PEARSON SAYS
COMPANY WILL NOT DISCONTINUE
GAS TO PATRONS.
The Decision Considered n Vindica-
tiOn of the City's Position in
the Matter.

Judge Neal, of Noblesville, has sustained
the city in it's suit to restrain the In
dianapols Gas Company from shutting on
the gas from it's consumers. In his de-
cision he holds that the city has presented
a prima facie cause of action, and that, If
the facts are proved i'm court, the law justi-
fies the court in making the injunction per-
manent. The decision holds that the con-
tract between the city and the company
binds both parties alike, and that the COM
pany may be required to furnish gas until
it can show, by the facts. the futility of its
efforts to procure a supply.
Judge Meals decision was delivered in
the Hamilton county court yesterday. City
Attorney Joss and Assistant City Attorney
Hay were present for the city, and Theo-
dore p. Davis for the Indianapolis Gas
Company. After the reading of the opin-
ion Mr.. Davis was permitted the usual
period in which to perfect an appeal to the
Supreme Court, if this should be decided
on. The company, if it appeals, will elect
! to go to the higher court on the questions
of law alone. The company's contention
is that 1t may discontinue business at its
free will and that the city contract may
not legally prevent it. 1t is hoped to have
early day. and an effort to advance 1t may
be made, although the company is not
likely to be strenuous on this point, as 1t is
protected by the bond the city gave to pro-
tect the company for all losses or dam
ages.
SJofn r. Pearson, assistant to the presi.
dent of the Indianapolis Gas Company,
said last night that the decision of the court
in the injunction suit would mean that
the company would continue supplying
what gas it has to its consumers He said
xy.trld ffx..xo
bills at the close of each month The COM
pany has. been collecting for each month
at Its close, and consequently next week
the bills for December will be made col
lectibe. In the past the company has
discontinued service to all those who did
not pay their bills by the tenth day of the
for this reason. The company will make
no new connections and does not restore
service to old ones.
CITY is PREPARED.
Mayor Bookwalter said last night that
the decision was a complete vindication of
City Attorney Joss in his construction of
the law and sustained the city's position In
all essential respects. He said the city
would be as well prepared for trial of the
case on the facts, If such a trial was to be
sought, as 1t had been on the law. City
Attorney Joss said the city was prepared
to maintain its position in the higher
courts. He said he did not know what
steps the company would pursue.
The city's suit was brought i'm the latter
part of last September, the company's
notification was to the effect that it would
discontinue service Sept. 80. The complaint
was filed in Judge Leathers's room of the
Superior Court, and was at once taken on
a change of venue to Hamilton county, be-
fore Judge Neal. The case was submitted
on oral argument a month later and has
since then been under consideration by
the court. The outcome has been watched
with much interest by natural gas men i'm
the State, as the decision was likely to
inequalities are in the same condition as
Indianapolis in reference to natural gas
supply, and a decision in favor of the COM
pany would have meant an attempt on the
part of companies elsewhere to follow the
same step. Noblesvile the seat of HAM
ilton county, is regarded by gas men as
being In the same distress as indianapolis.