The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-03-12
OF THE GAS TRUST
WILL Be KNOWN TO-DAY
Arguments Close Case In Federal
Court, Brought to Stop Sup
ply at Once.
TILT WITH ATTORNEYS
Intimation that Injunction Will Be
Issued Is Signal for Cross
Fire of Protests.
TILT WITH ATTORNEYS

Argument before Judge Anderson. of the
Federal Court, in the injunction suit Of
Byron c. Quimby to compel the directors
of the Consumers Gas Trust Company TO
shut off at once the supply of natural gas
closed shortly before 5 o'clock yesterday
evening. after Ferdinand Winter. one of
the attorneys for Quimby. had e%xpounded
the law for more tina three hours.
There was considerable excitement among
the attorneys involved in the case when
the argument closed, and Judge Anderson
held that he had Jurisdiction over the ques-
ton and intimated that he believed the in
junction should be granted. A rapid pas
sage-at-arms between the attorneys and
the judge followed, the latter q~uieting the
agitation by declaring that he would think
the matter over and give his decision later.
Judge Howe FASTENED to explain to Judge
Anderson that in any event the supply of
gas is to be shut off on April 1, and an
order to have it stopped at once would be
unnecessary haste. Judge Walker objected
to the immediate granting of the injunction
on the ground that II would be against the
interests of humanity. He said the whole
motive on the part of the defense to have
the gas supply continue until the end of the
month was to give the patrons time in
which to prepare other heating and lighting
facilities. Mr.. Winter commended that to
continue the supply until April l will entail
a loss to the company of several hundred
dollars a day, and that the financial status
of the company should be considered.
EARLY DECISION FORTHCOMING.
Judge Anderson said that he believed the
situation one TO be met at once, and it is
probable that he will give his decision this
morning. In Judge Anderson holding that
the Federal Court had Jurisdiction over the
question a point was scored by the attor-
neys for Quimby, as that question was one
around which a good deal of the argument
centered. in view of the suit filed in the
Marion Circuit Court.
The decision of Judge Anderson will be
important in that 1t will decide whether
Mr.. Quimby has a right to bring suit and
whether the suit TO prevent the directors
from converting the Gas Trust into an arti-
hcial gas plant will continue in the Federal
Court.
Yesterday was spent by attorneys for
both sides In arguments Throughout the
afternoon Mr.. Winter continued the argu-
ment for the complainant, pointing out that
when the trustees filed their suit in the
Marion Circuit Court they were aware that
Mr.. Quimby Intended TO take resort in the
Federal Court.
with this knowledge" said Mr.. Winter,
~ ~ aolCNos IN iQCAC0
hot-foot TO the Circuit Court. L confess,
your honor, 1 feel some Indignation at the
manner in which that suit was brought
and on top of 1t this attempt to GUST the
Jurisdiction from this court"
Mr.. Winter spent some time on this point
and then devoted the remainder of his
argument to the corporate powers Of the
company.
ARGUES CORPORATE POWERS.
He began by tempting to show that to
manufacture gas would be an ultra wires
act on the part of the directors. He re-
ferred to the act under which the company
was incorporated-the manufacturing and
mining ac~t-saying that a corporation must
incorporate in one company for one purpose
and that the two objects-manufacturing
and mining-must be kept separate. He
held that the Gas Trust Company was in
corporated to engage IN the mining of oil
and gas" and that all terms used in con-
nection. Herewith were incidental TO min
ing. On this ground, he held that there is
no provisions in the article of incorporation
Of the company that provide for the manu-
facture of artificial gas.
The case in Federal Court has attract
ed many attorneys OF the city within the
last few days. Yesterday the courtroom
was crowded throughout the day, while at
torneys for both sides argued the question.
l.. G. Walker, D.. w. Howe and Addison G.
Harris represented the directors of the COM
pany, and Ferdinand Winter and A. c.
Ayers the defense. John l.. Griffiths was
an interested listener.