The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-08-29
TANGLE is PERPLEXING
METER ORDINANCE WILL NOT BE
CONSIDERED TONIGHT.
More Obstacles I'm the Way of an
Early tiement-Ordinance May
Not BE Passed.

Chairman Mcfarland. OF the Council COM
mittee on public health, has postponed the
meeting of the committee which was called
called for tonight TO consider the gas meter
ordinance until next week. This action was
taken by Mr.. Mcfarland because Monday
will be Labor day. and the Council will not
meet The next meeting will be two weeks
later. There ia a further reason in the be-
lief Of Assistant City Attorney Hay that
the passage of the ordinance might operate
TO release the Indianapolis Gas Company
from it's responsibility under the ordinance
of 1857 which the company accepted. The
ordinance now before the Council provides
an entirely new regulation for the use and
sale of natural gas and contains a provi-
sion repeating all ordinances in conflict
with II. This. IL is feared. would result in
the release of the indianapolis company
land all other companies) from the obliga-
tions of the ordinance OF 1887 and put them
in the position OF absolute freedom of regu-
lation by reason of their refusal to accept
the new ordinance.
Chairman Mcfarland is not a lawyer and
does not want to know much about law.
He says his main idea is TO preserve the
use of gas for Indianapolis, even in re-
stricted manner for as long a time as pos
sible. He believes natural gas at q cents
per thousand feet for culinary purposes is
better than coal or artificial gas at twice
that amount or more. He said last night
that the legal points being sprung were be-
wildering and that he knew nothing of
them. What he is trying to accomplish is
something practical. 1t has been suggested
Iii
nance both i'm its enacting clause and its
body so that ii will read an amendment
to the ordinance of 1887. which specially re-
served to the Council the right TO change
the rates provided after ten years had
elapsed. Such change il has been sug-
gested would not operate to release the
companies from their obligations under the
ordinance of 1887 and would practically ac-
complish all that is sought by the establish
ment of meter rates.
The suggestion that the Indianapolis COM
pany could evade all the purposes of the
city's Injunction suit by supplying one con-
suit and shutting off all the rest is met by
Assistant City Attorney Hay with the cta-
ton of a statute which says:
when the question is one of common or
general interest OF many persons, or where
the parties are numerous. and it is imprac-
ticable TO bring them all before the court,
one or more may sue or defend for the
whole"
There is now a general belief that the
meter ordinance VIII meet with defeat In
the Council. Democratic opposition is ex-
pected. Councilman Warweg. Democratic
member Of the public health committee. has
already said he was against the ordinance
Councilman Grail. the other Republican
member doubts whether the ordinance will
accomplish its purpose. although he fav0rs
the meter system. and fears also that II
will involve the city in litigation. Politicians
of both parties have talked TO members
of the Council about the political effect Of
the passage of the ordinance. many fear
ing that. If the majority supported il and
passed it, danger would be attached TO the
Republican candidates for county office
On the other hand. Chairman Mcfarland
feels that the question is purely a business
one for the Council. and that. even consid-
cred politically. the greater danger lies in
the failure OF the city TO stop the COM
panies from disseminating service at their
will. Altogether the situation is regarded
as perpexing and meriting the most seri-
Gus consideration before final action IL
taken.
The city attorneys office is preparing to
file its suit to enjoin the Indiana polls COM
pany from disseminating service Oct
next IL is hoped to press this suit TO
immediate hearing so that the threatened
action Of the Indianap polls company I'm treat
ing the suit as an individual one may not
be allowed The city attorney still believes
that the city. under the present condition
has a good cause OF action against the COM
pany and will win the suit.