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


1t is further alleged that the officers and
stockholders of said corporation TO whom
said gas territory was sold and leased are
principally the same individuals Who are
the officers and stockholders or the oeiehu-
ant AMI had actual notice and well knew
OF the obligations contract and agreement
OF said defendant to furnish gas 10 the city
OF Indianapolis. according TO the terms OF
and privileges Of the plaintiff therein az the
time OF said sale and transfer"
DISREGARD OF CONTRACT.
The company is charged with disregard
ing its contract In the last year by refusing
70 supply the city 81 indianapolis. as con-
sEmer. with gas for its various offlceS and
institutions. thus denying 10 the city the
right OF n consumer.
Concerning the notice OF the gas company
that Il will discontinue service after Sept
20. the complaint says that unless re-
strained 1.-THE city of Indianapolis and the
citizens thereof will suffer great and ire
parable injury. and loss incapable Of accu-
rate adjustment will thereby be engen-
dered. that other gas fields can now be
obtained or procured from which supply
OF gas could be furnished 10 the city OF In
dianapolis, and no other company formed
or induced 10 furnish gas in place 81 the
defendant. should the defendant refuse or
fail to furnish gas. because there is no gas
territory accessible available from
which gas could be procured for the con-
susDctS OF salu Oetenutlut-
ANNOYANCE ENTAILED.
That IL said defendant discontinues the
supply OF gas IN he city OF Indianapolis ii
will Eecessitate the tearing down and re-
building OF nearly all of the chimneys In
the dwellings Of gas consumers Of defendant
before other fuel safely be used. for
the reason that said chimneys were con-
structed with small fiues and thin walls for
the purpose oe using gas only. upon the
faith OF the said contract to furnish gas
as provided in said ordinance.
That the use of said chimneyS in their
present condition in burning fuel other
than gas would be extremely dangerous to
lie. health and property in this; that the
building could not be sufficiently heated by
burning coal or wood and sickness would
result; that the use OF coal or wood with
out such changes would result In frequent
fires with loss OF life and property; that IL
Is impossible TO make the necessary changes
In said chimneys in time To prevent such
loss OF life, health and property, and since
the time of defendant gave notice of its in
tention TO discontinue TO furnish gas, Sept.
80. 1892. 1t would have been impossible to
have made such changes In time to have
prevented said dangers; that by employing
Ill OF the available brick masons in the
city of indianapolis said changes could not
possibly be made in less than six months
time. and then at an expense OF $,WOpo
or more
PENDANT is not refusing TO furnish gas I'M
der said ordinance because of Its inability
to procure gas from it's gas territory, but
from n desire to furnish the gas row being
produced under different method and at
higher rate than that provided for in the
ordinance heretofore referred to; that since
the announcement OF said defendant that IL
intended to discontinue furnishing gas TO
the consumers of the city of Indianapolis
under the terms of said ordinances, unless
the city modified the terms Of said ordi-
nances by allowing them higher rate for
their gas, and "A greater profit, IL has Of
fcred to continue TO furnish gas TO the
city OF Indianapolis and the consumers
therein. in sufficient quantities IL the said
city would so increase the rate for said gas,
that II would charge % cents instead OF 10
urement.
ENORMOUS PROFIT.
THE plaintiff further states that from
and under the terms of said franchise said
defendant has heretofore furnished gas to
the city OF Indianapolis at enormous
profit and has paid large dividends on
watered stock and interest on bonds; and
that the profits of said defendant out of
the sale and delivery of natural gas in
said city under said franchise have been
so enormous that since its acceptance of
said ordinance. May II. 1890. II has paid out
of the same the entire cost of it's wells,
mains and other improvements. and paid