The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-09-22
Council Qroming Weak Herstsi
ON Gas Question.
will Cost Money to Carry Suit
Farther.
AFRAID OF FAILURE
City Fathers Growing Doubtful
About lawsuits.
Meanwhile People Pay High
Gas Rates.

Tonight the ways and means commit
tee OF the council will decide whether
to recommend that the dollar ga<
CASE against the Excelsior Coke & Gas
company shall be energetically pushed
or entirely dropped.
To carry forward the suit will in.
volve the expenditure of considerabl.
money without any delay. in preparing
testimony for the final hearing before
Judge ]. c. Hook. City Attorney Spen.
Ger estimates that it may REQUIRE two
or three thousand dollars simply to gel
ready for trial Besides that. II the
city is beaten in the lawsuit. it VII
have the costs to nay.
The general sentiment OF the council
however, is believed to be favorable to
standing by the guns at any cost, and
giving the gas company a fight.
Councilman Bergundthal. who intro
duced the dollar gas ordinance. which
started all the trouble. is emphatfcaly
Of the opinion that the city will win the
suit. He is not member of the wavs
and means committee. but Will attend
the meeting this evening.
George Neil, the chairman of the ways
and means. committee said today:
IF the committee decides to go ahead
with the suit. it will involve the ex-
penditure of some money. and the COM
mittee will have to provide some way
to get the money. We will be fighting
| strong corporation, which has the best
attorneys it can find. and we Will End
that we have a hard fight on our hands.
OF course If we go ahead with the suit,
we will get the money somehow"
| w. F. Weber, another Of the leading
members of the council, is emphatically
| in favor of prosecuting the suit. He be-
lieves that the city has good chanes
to win.
City Attorney Chas. F. Spencer says:
1.-The suit has now, reached that place
where we must have money to go
ahead with it. I have asked the COM
mittee to take action in the matter. 50
| that we may be certain that the council
men will stand by their former decision
to fight for dollar gas. We must have
money to pay for the expense of pre-
pairing our case. The gas company has
presented to the court a list Of twenty
cities which it is alleged are of similar
size and situation to Topeka, in which II
Is claimed the gas rates are higher than
in Topeka. 1t may be necessary to send
some one to each of those cities to take
dispositions for presentation to the court
That will cost a lot of money.
"The question hinges on that provis-
! ion of the franchise which says in sub
charge higher rates than are charged ir
other cities of similar size and similarly
situated. If the city council can prove
that Topeka is being charged more thar
is charged in such towns, the court vii
likely decide in our favor. The gas com.
pany is now under bond to make good
to the citizens of Topeka whatever
damage is done by reason Of the exces:
charges since the ordinance wal
passed.
The only reason which has been sug.
gested for not pursuing the fight which
the city has started is that 1t will cos
great deal of money to make the fight
and that the city is in close quarters
financially. 1t is possible. Of course
that the city may have the weak sid
of the case, and will lose in the end, bu
that is characteristic of most lawsuits
1t is certain that many towns are get
ting cheaper gas than Topeka is getting
and is no doubt true that many town
have to pay more than Topeka pays
Those towns which are paying more ar
probably tied up by franchise the wa.
Topeka is, and are afraid to fight for
reduction