The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-10-04
GAS C0NPANY'S ACTION
1T SECURES A CHANGE OF VENUE TO
HAMILTON COUNTY.
Injunction Suit Brought by the City
viii BE Tried at NobIesville-
other Court Cases.

The Indianapolis Gas Company surprised
the attorneys for the city yesterday when.
through Ferdinand Winter, counsel for the
company. IL succeeded in having the suit
OF the city against the company venued 10
the Hamilton Circuit Court. The applica-
ton for a change OF venue was based on
the affidavit OF John r. Pearson, assistant
to the president OF the company, and in be-
half OF the defendant. which stated that
the pIafntiff-the city of Indianapolis-in
said action has an undue influence over the
citizens of Marion county and that an
odfum attaches to the defense in said action
on account of local prejudice"
After listening to the argument OF the
gas company's counsel, Mr.. Winter, and
that of the city's representatives, City At
torney Joss and Assistant City Attorney
HAY. Judge feathers decided to allow the
application for the change of venue and
ordered that the case with all its records
be sent to the Hamilton Circuit Court and
the temporary restraining order which
would have expired to-day continued until
Oct. 10. The case in going to the Hamilton
county court will be heard there as soon
as possible, and the date set for the hear
ing of the application of an injunction fixed
by that court In the meantime the re-
straining order granted by Judge feathers
win be operative and gas will not be shut
off in the city. Mr.. Winter stated that ne
would make no objection to the continu-
ance OF the order, and he assured the coun,
sci for the city that the company would
not attempt TO turn off the supply or gas
until the case Is heard on its merits In the
NobIeSVille court
Counsel for the city contended that the
court should suspend action on the mo-
ton for change OF venue from the county
until the issues OF the case were made up
The court held that IL was entirely within
the discretion OF the court, and that In
view OF the affidavit fled and the peculiar
circumstances OF the case the court be-
neved a change OF venue from the county
should be granted at once. The continu-
ance OF the restraining order by Judge
feathers was ordered so that there Will be
ample time for the judge OF the Hamilton
county court TO hear and determine the
question as to whether an injunction should
issue not.
1t is the general opinion OF persons con-
versant with the facts that the change OF
venue from this county TO Hamilton county
will not allow the gas company TO escape
from some prejudice. Hamilton county Is
situated In the gas belt and the people of
that county have had trouble over the gas
situation themselves, and it is said by per-
sons familiar with the contention between
tlton county the gas company might find
as much prejudice against 1t as IL would
expect to find here in Indianapolis.
The transcript OF the record of the case
In the Marion county courts and the order
OF change OF venue were being prepared in
the county clerks office late yesterday
afternoon, 1t being the intention Of the de-
PENDANTS to file them in the Hamilton coun-
ty court Immediately in the hope OF Secur-
ing a speedy hearing.