The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-26
II Usual Delays Obtain Months May
Pass Before Consumers Lose
Natural Fuel Service.
TEXT OF cITY's PETITION
SALE OF GAS IN CHICAGO Is COM
planned OF.
Alleged that Attempt II Made to Raise
Artificial Fuel Rates-Mr. Pear
sons Statement.

yesterday granted a temporary restrain
ing order to prevent the Indianapolis Gas
Company from disseminating its service.
The hearing on the petition for tempor-
ary writ pending final hearing set for
Oct. 4, so that the company cannot shut
off gas Sept. 30 as IL announced. The
petition for the restraining order was filed
by City Attorney +. A. Joss In behalf OF
the city.
The complaint sets out that when the
Indianapolis Gas Company accepted the
ordinance passed by the City Council June
q. 1887, II agreed to furnish gas TO resi-
dents of the city and accepted the pro-
visions Of the ordinance. The complaint
says that by the adoption of said ordin-
ance. and the acceptance of the provisions.
restrictions, requirements and regulations,
as herein before alleged. a contract was
entered into between the city Of Indian
apolis. plaintiff herein. and said defendent.
Indianapolis Gas Company. for a period or
years terminating with the life and exis-
tance of said defendant. to wit-May 10.
1881" 1t is set out that in accepting the
contract the Indianapolis Gas Company
agreed during the period of existence Of
the company under it's certificate of in
to those who own or occupy houses abut-
ting on streets used by the company where
such owners or occupiers make necessary
arrangements to receive IL and comply
with the regulations of the company such
gas as they may require" at and for the
rates and prices stipulated in said ordin-
ance- Said rates ana prices for domestic
consumption being specifically fixed and
agreed TO In said ordinance. as well as the
methods OF measurements
OTHER COMPANIES BARRED.
The petition says that at the time OF
the acceptance of the ordinance by the In
dianapolis Gas Company a considerable
part of the gas field was not leased. but
that other CON- lnies were being organized
to furnish natural gas to other cities and
were barred from furnishing citizens OF In
dianapolis with gas because of the ordi-
nance accepted by the indianapolis Com
pany. BY reason OF this ordinance and
agreement 1t is set out that the consumers
in Indianapolis became and are now en-
tirely dependent on the Indianapolis Gas
Company for their supply so long as gas
could be found in the territory reached by
the companys pipe. lines. IL is further al
legged that the citizens of Indianapolis can
not now make contract With other gas
companies because they are now supplying
other cities under contract.
'At this time, the complaint AYERS.
there are more than 1900 consumers in
the city OF indianapolis who are dependent
upon the defendant for fuel for heating
and cooking purposes; that said consumers
were induced by said defendant Indanapo-
money In piping and supplying their houses
with the necessary appliances for using
such natural gas for heating and cooking
purposes; and, relying upon the contract
Of said indianapolis Gas Company with said
city, they expended said money and made
said improvements and discarded all other
modes of heating their houses and all other
appliances for cooking"
The complaint AYERS that under the orig
inal ordinance the Indianapolis Gas Com
pany was not required to lay mains and
furnish gas TO inhabitants of outlying dis
tricts of the city, but for the purpose of
supplying these outlying districts the City
Council on July l3 1891. passed an ordi-
nance whereby the company was Ito fur
nish natural gas for fuel and Illuminating
purposes TO any person In the city contrib
uting TO the expense of laying said pipe
lines and mains to carry said gas to said
inhabitants as long as the supply lasts I'm
the territory reached by its mains"
That said defendant accepted said ordi-
nance by extending its mains and pipes In
accordance Herewith. and by demanding,
receiving and accepting contributions from
the inhabitants of said districts for the
purpose OF defraying the expense OF laying
said mains and pipes. and by acquiring.
appropriating and receiving all the privi-
leges granted therein. and has continually
operated hereunder.
HARDSHIP TO CONSUMERS.
THAT pursuant to the said ordinance, and
relying on said defendant to furnish gas as
long as the supply lasted in the territory
reached by its mains. about 1000 of the
property owners in the outlying districts OF
said city. who constitute a portion of the
present consumers OF said defendant did
contribute TO the expense OF laying said
expend. in addition thereto. large sums OF
money in piping and fitting their houses
for using gas, and did abandon all other
modes OF heating and cooking. by reason of
which they are now without appliances and
conyeniences for .sdI using any other kind Of
time upon gas from the defendant for
fuel"
Continuing the complaint says: That
said defendant company has now leased
and under its control more than 5000 acres
of gas-producing territory In said gas
fields in which there Is natural gas in am
the city OF Indianapolis who are customers
of the defendant with natural gas under
the provisions OF the said ordinance and
contract. and that said company has a sys-
tenn OF mains, pipes. pumps and machinery
by and through which gas has been and
can be conducted and furnished to the said
consumers of the city OF Indianapolis in
the way IL has been furnished, and Is now
being furnished at the present time; that
the defendant has sufficient gas In it's pos
session and under its control to supply its
said consumers In the city OF indianapolis
for all purposes when not diverted and con-
Quoted TO other cities and places under
contracts made subsequent 20 the contract
with the city OF indianapolis"
IL is alleged that I'm 1S9S the Indianapoifr
Gas Company leased a large portion OF its
gas territory 10 the Indiana Natural Gas
and Oil Company. which is now engaged IN
supplying consumers I'm Chicago with gas
at an advanced price OF the price fixed hv
Ix1s lie telf ~ ftro