The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-06-04
new GAS DEAL.
Company Again Talks of Franz
chise Extension.
Would Like to HaveI Run 80
Years More.
MAY REDUCE PRICE.
MAY REDUCE PRICE.
Proposes to Make Flat Rate of
$I.25 per 1000 Feet.
Councilman Holiday Is Making
the Overtures.

The Excelsior Coke and Gas COM
pany, with which the city of Topeka
has been '1awing" for the past two
years at big expense, has now come be-
fore the city councilmen with an in
formal request for a new SO-year fran
chise.
1t offers to reduce the price of gas to
SIPS, and to spend from 100000 to $3.50.
900 in building % miles of new gas
mains in the city of Topeka
This proposition came before the
streets and walks committee of the city
council at a meeting held last night.
The committee had before it a resolu-
ton presented to the council some time
ago. asking that the gas company ex-
the city. When this matter was
reached, G. K. Holiday, president Of
the company, produced a letter from
which he read extracts to the commit
tee. This letter was from some officer
of the company, whose name was not
given by Mr.. Holiday, and it embodied
the proposition as set forth above.
Mr.. Holiday was asked whether or
not the company would oblgate itself
to spend $250,00O in improvements.
I'VE WILL" said Mr.. Holiday. I'VE
mean business. We will gridiron this
whole town with gas mains"
Do you think that the company
would be willing to consider a less rate
than $1.25?' was asked.
Mr.. Holiday would make no definite
reply to this question. He said he was
not in position to discuss this matter.
! The committee was given to under
stand by Mr.. Holiday that within a
month or so, theI gas company will
make a formal application for a new
franchise, under the conditions propos-
/ ed.
| The gas company now has a franchise
which will not expire until 1910 The
six years which the franchise still has
to run would be forfeited by the COM
pany if at this time it could secure
from the city a new 80 year franchise.
Unless the company can get q new
franchise it is not likely to want to ex-
tend it's mains.
The city has had two law suits
against the gas company. One was
brought at the time the dollar gas or
dinance was passed. It was an injunc=
ton suit, brought by the company to
restrain the city from enforcing the
dollar gas ordinance. VolUminous testi-
mony in the case was taken by a spec
ial master appointed by the federal
court, and the result was decidedly ad-
verse to the city. The findings of the
special master have been referred to
Judge Hook, together with extensive
briefs of the city and the company. The
city employed special counsel at high
price in this case, but the indications
are that the city will be beaten at eV-
cry point. For some unexplained rea-
son, Judge Hook has failed to render
his decision in this case, though he has
had the masters report for many
months.
Another suit was brought by Cit,
Attorney Spencer in the state supreme
court. 1t was a quo warranto pro
ceeding, to test the validity of the ga
company's franchise. The city con
tended that the franchise was void
for the reason that it was passed by
city council to take effect about a yea
/ subsequent to the date of passage
after that council had gone out o
business. The supreme court held
however, that the objection was too
technical, and would not destroy tn
gas company's rights on such ground
Having been beaten at both point
of attack, the city is probably in
good mood for compromise, though i
still holds the whip hand when i
comes to granting a new franchise
/ The company must have a new fran
chise within six years, and the cit!
can dictate its terms at that time. TIL
company no doubt wants to take ad
vantage of the moral effect produced
by the two legal victories, and secure
an imm ediate renewal of its franchise
in the hopes of securing better terms
When c. K. Holiday was elected t.
the city council, he pledged himself t.
secure from the gas company a propo
sition for reduction in gas rates H
openly expressed his disapproval o.
the city's legal fight against the com