The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-11-03
SPENCER IN NEW YORK.
More Evidence to Be Taken in
Gas Case.

City Attorney Spencer will leave. for
New York City "Wednesday evening to
take dispositions in the QUO warranto
suit now pending in the supreme court.
He will be Joined in New York by
Charles Blood Smith. attorney FOR the
Excelsior Coke g Gas company, who is
now at Washington, d. C..
As the dispositions will be taken on
behalf of the gas company, theecity has
no means Of knowing who will be
placed on the witness stand, but it is
gas trust, and also of the Excelsior
Coke & Gas company. is the one whose
testimony is most essential
1t is expected that the supreme court
will hear arguments in this case some
time in December. and since the dollar
gas suit has shown such strong symp-
toms of fizzling cut, the city is pinuing
its hopes to the quo warranto suit. If
the city can win in this case, it will
nave the gas company at it's mercy.
The suit involves the legality of the
gas company'S franchise. 1t is contend
ed by the city that the present franchise
is invalid because it was passed by the
city council II months before the old
franchise expired, and by the votes of four
councilmen who were not members of
the council when the expiration of the
old franchise actually took place. The
old franchise expired on June Z, 1890,
but the council took time by the fore
lock and renewed the document for 70
years on July IS, 1889, adding this pro-
viso: This ordinance shall take effect
and be in force from and after the 1th
day of June, $780,
In the city election of April, 1890, four
of the cOuncilmen who voted to renew
the company's franchise, We're not re-
elected. The theory of the city is that
the gas company engineered matters to
have it's franchise renewed prior to the
election because it was afraid that
changes in the council would make the
fight more difficult after election.
There will no doubt be hard strug-
gle made in this lawsuit. since all the
bitterness of the dollar gas fight has to
some extent distilled out into the quo
Warranto case. 1t is understood that j.
D. Mcfarland, the city's attorney in
the dollar gas case. is the one who sug-
gested the quo kwarranto case, but he
has not appeared in it as attorney. CITY
Attorney. Spencer has been making the
fight. though the suit is brought ex rel
the state of Kansas. by the consent OF
the attorney general
The gas company will at the New
York hearing probably try to show by
President Brady that the franchise was
renewed eleven months before IL rel que
for the purpose of insuring to the city
some sort of advantages. 1t will then
devolve upon the city to bring in depo-
sitions from R. L. Cofran. who was
mayor at the time the ordinance was
passed. and from all of the councilmen
possible At the April, 1890, election,
Councilman Gum was reelected from
the First ward He is still living in To
peka Ed Halves succeeded NJ. Heery
in the Second. and both of these men
still live in Topeka. ]. Ettlinger sue
ceeded B. NJ. Curtis. Curtis is dead and
Ettlinger does not live here any longer
Colonel Burgess succeeded D. c. Tillot-
son in the Fourth. and both are still In
Ill al Tr.11V
Ritchie Richie is still in Topeka, but
Lull has gone.