The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1903-11-04
MAXIMUM CHARGE
Company can not Raise Price to %
cents Under Franchise Some 0pin-
ions ON new Gas and water Contracts
signing is not "yoluntary.-yan
supply be cut Oft

Some weeks ago, announcement was
made in the NEW DOMINION that The
Onion Utility Company was requiring
ITS customers to sign new contracts
for gas aud water, aud that they would
raise the Price of domestic Welsbach
burners frsm Is to rs cents month
after January /, 1894. A little later.
the company announced officially that
the directors haa ordered-this increase
made.
Some one has taken the matter
up, and has discovered that by the
terms of the new franchise granted by
the city council and the 18th OF last
March, aud which took effect May /,
1903, the o. q. Company can not
charge more than Is per month for
Welsbach or similar burners for do
nestle use. This is the maximum
lcharge, stated very clearly in the fran
chise. Whether the company is igno-
rant OF this, or knows OF some clause
in the franchise which gives them a
loophole can not besstated. The test
will probably not come until an at
tempt is made to collect the extra 10
cents on eacn llg0J.
This is the last day OF the month,
and according to the statement issued
by the company, where consumers
have refused to sign the new con-
tracts circulated by the company, the
gas and water will be turned off on
Monday. These contracts are APP
plications TO the company for gas or
water, or both, setting forth the num-
Der OF fires, lights or spiggots used,
and containing clause in which the
consumer agrees to relieve the com
pany OF all liability for damages that
might result from the destruction Of
his property by irregular gas pressure,
breaking OF pipes, and similar acct
dents.
! A director OF the company says:
"An opportunity will be given every
consumer TO read and consider and
sign these applications, which are
purely voluntary, before Supplies will
be cut off. The conditions of the con-
tract or proposition are substantially
the same as those use1 Ny every gas
country, and are regarded by the com
pany as exceeding reasonable and
just. or course, no one is under obli-
tgations to use either gas, water, cleo
tricity or the trolley line, but II thev
do use them they must comply with
the reasonable regulations that may
| be prescribed by the Company.
OF course, the consumer can refuse
to do without gas or water. In a
modern town, where people have been
used to these conyenlencess espeC ially
where gas Is almost the only fuel they
are absolute necessities. Lots of peo-
pie can't possibly do without them.
So In the end, the everage consumer
has no choice but 10 sign the contract.
1t is not so much ''purely voluntary"
matter aster all. The company eau
force nine tenths Of the people to sign,
If they so desire.
A good many people are not at all
certain that the U. q. company has
any legal right to turn the gas aud
water off because OF the refusal of a
customer to sign contract waving
the right to claim damages. One at
torney states that IT. is his opinion
that so long as the consumer pays for
them at the legal rate, the company is
bound by it's franchise and the laws
governing such matters to furnish gas
and water.
i Another attorney says that the mere
signing of a waiver OF damages would
not relieve the company Of liability,
il the loss was occasioned by gross
neglect on the part OF the company.
The contract would, however serve to
weaken his case.
There is great deal of interest and
talk about these matters just at pres
cnt and good many people want to
see the proposition tested before they
consent to sign the new contracts.