Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1903-11-10
UNJUST AND UNREASONABLE
City Council thus Characterizes
u. u. Co.'S New Contract.

u. u. Cos New Contract.
Exhaustive Report BY City Solicitor
Beall-Unanimou Resolutions Bas-
ed Thereon - Report of Sanitary
Officer-Will Finish Walnut Other
City Business.
The chief feature of last nights
council meeting was the report of
city solicitor Beall on the new ap-
plicatlons or contracts presented by
the u. Il. Company toits customers.
The report covers seven pages of
typewriter matter. 1t was prepas-
ed with great care and study, both
of the franchise and the law, and
was accepted by the council by a
unanimous vote.
Based on the report, the city
council adopted resolution in which
they GO on record as regarding the
terms OF the contract as unjust
and unreasonable" This resolu-
ton was adopted by unanimous
yea and nay vote, though some of
the yeas are said to have been lit
tie weak. The resolution was offer
ed by Squire Hayes and Recorder
Sisler. All the councilmen were
present except John f. Price
Following is a digest of the report
prepared by City Solicitor Beall at
the request of the New DOMINION.
Mr.. Beall says:
The contracts presented by the
u. u. Co. is drawn in the form OF a
notice to the u. U. Co. that the CON
sumer is using the gas of the com
pany, subject to his own risk, with
knowledge, and by reason of the
highly explosive and dangerous ma
ture of natura. gas, and the yari-
able supply and pressure thereof,
and the rules and regulations and
notice printed on the back of the
application, or contract, which are
made a part thereof, which applica
ton, in force and affect, amounts to
a waiver on the part Of the consum-
er of all damages which might ac-
crue to him from any cause what
ever, in the use of the gas. It is
simply shifting of the burden of
responsibility for damages from the
company to the consumer, leaving
the consumer no recourse whatever
for damages arising from acts of the
company, be they ever so grossly
negligent or unlawful.
The citizens OF this city have an
absolute and indefeasable right to
the use OF gas upon reasonable and
equal terms, and the question of
whether the terms sought to be en-
forced as regulation in said con-
tract are unreasonable, is one which
each individual consumer must de
termine for himself under the law
as laid down in the report.
The report of the solicitor on the
gas application in substance and
effect is as follows; A gas company
has right to make for the public
security and convenience all such
needful rules and regulations as are
reasonable and just and to require a
promise of conformity on the part
of the applicant for gas as prece-
dent to supplying Herewith, and a
company which has secured fran
chise to supply gas for public
consumption Is under legal OBJ
legation to serve all persons who
make proper application for such
service and make the necessary ar
rangemcnts to receive it and who
comply with such reasonable rules
as may be fixed and make such rea-
sonable compensation as may be re-
quired.
A company engaged in furnishing
gas tor domestic purpose is bound
to exercise such care skill and dill
gence in all its operations as is cal
led for by the delicacy, difficulty
and dangerousness of the nature of
the business, that injury to others
may not be caused thereby and if
from failure to exercise this degree
Of care and skill, said company
might gently and earelessly permit
and suffer a greater amount of press
ure of said gas to be furnished than
is reasonably necessary or proper for
said purposes, by reason whereof
the home or building being so fur
nished is consumed or damaged by
fire, resulting from such negligence
the company is liable in damages
for such loss.
Sanitary Officer d. l.. Garrison
made report on unsanitary condi-
tions about town. He laid special
emphasis on the conditions OF sewers
in the rear of the dwellings of w. E.
Glasscock. w f. Jollife. F. w.
Anderso" VI >ore and Others on
Spruce street The sewer empty
over the bank in the rear of these
dwellings, The sewer will have to
he connected with the mains on
Spruce street.
An order was passed some time
ago directing the paving at Walnut
street from the Hotel MADEIRA to
Front street The Pickenpaugh
heirs refused to sign the waiver Of
damages which might occur to them