The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-06-11
IT COSTS MONEY.
Litigation With Gas Company
Has Been Expensive.
City Has Paid Out Up to Date
$3,417.76.
THAT NEW GAS RATE.
Generally Considered That Even
$I.25 Is Too Much.
WhE Companies Are Anxioussto
Have Franchises Extended.

So far the total expense to the city
in it's fight with the Excelsior Coke &
Gas company, commenced in the sum
mer of 1901 by the passage of the dol
lar gas ordinance, has been SO, 417.76,
and if the city is beaten in the trial,
as it is almost certain to be. the final
aggregate will be as much again.
OF course $1,000 is a high price to pay
for information about the cost of man
ufacturing gas in Topeka. It would
have been cheaper, probably, for the
city to have made its Investigations
before it passed the dollar gas ordin-
ance instead of afterwards. AS it is,
the city claims to have proven that gas
can be manufactured here for from 60
to 80 cents per 1000 feet, depending on
the amount of consumption while the
gas company seems to have proved to
the satisfaction of the special master
in the case that the cost of manufac-
ture is upwards of 81 per thousand
This evidence will be of great value to
the city in fixing the scale of prices to
be charged under the proposed new
franchise ordinance which the gas COM
pany will introduce before the council.
according to President @. K. Holiday,
in about two week.
There will be a fight made on the
passage of the ordinance on the terms
proposed by President Holiday. 1t is
believed likely that some of the coun-
cilmen will insist upon a lower schedule
of rates than SIPS fat for fuel and
light, as proposed. City Attorney Spen-
Ger will not talk about the proposed or
dinance, but he intimates that he does
not approve of the plan to grant the
company a new franchise while its
present franchise does not expire until
1912.
'eWhen the time comes" said Mr..
Spencer today, L will have something
to say, and until then I shall keep
quiet"
When Mr. Holiday was asked today
whether the company would be likely
| to consider a further reduction from
| the $1.25 proposed, he said:
Il don't believe they would touch 1t
at less than $1.25. I had a terrible
| time getting anything out of them in
| the form of a proposition for reduc-
! ton. They turned me down abSO-
lutely cold at first. But now they have
come to the conclusion that they will
put in a splendid system of mains
here, double the size of the plant, and
| establish the business on the basis
they would if the town had 1000
| inhabitants. On top of that they
/ offer a reduction. in rates. 1t looks to
me like proposition which the city
could not afford to pass by The
I 100000 which would be spent here
4 would practically all go to the labor
ing men,
! It is intimated by some that the gas
company is trying to get its franchise
renewed now principally to take adj
vantage of the public. utilities section
4 of the Bale Waggener city charter
This allows the city to grant a thirty
year franchise, and the corporations
seem to fear that this snap" will not
/ stay on the statute books very long.
| The gas company perhaps realizes
that as soon as the present gas Htiga-
! ton is ended, the city will pass an
| other gas rate ordinance which will
stand the test of the courts, and
4 l.
tainty, it is willing to voluntarily re-
duce rates, and get in exchange a
brand new thirty-year franchise.
OF the $1,000 which has already
been spent in the gas litigation, about
/ $1,000 was for expert testimony.
But this was not nearly as bad as
/ it might have been" said City Attor-
ney Spencer to5iay- why, there was
who would have made US the best wit
ness we could get, probably, but he
wanted 5000 a day for testifying. We
couldn't afford to pay that much"
J. D. Mcfarland, whom the city
hired as associate counsel in the case,
has been paid $3.50 for his services so
far. When the case is decided he will
get $3.50 more, and if it is appealed to
the United States court of appeals, it
will mean an additional fee of $500.
When the case is finally decided by
Judge Hook-it has now been pending
before him for about six months with
be up to somebody to pay the special
masters fees, and the costs of the case.
The city will no doubt be the lucky
party to hold the sack. The special
master wants $500 for his services
which probably consumed altogether as
much as two or three weeks of his time.
The master mas already been allowed
$400 for expense money, but he prob
ably will nave a large additional bill.
The costs in the case will also be
heavy.
Some of the bills which City Attor-
ney Spencer has presented for ex-
penses in the case have not been item
lied. They have been approved, how
ever. by a Special committee compos-
ed of Mayor Bergundthal and Coun-
Gilman Howe. and the city attorney