The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-07-29
MUST FIX 1T UP.
Gas Franchise May Have Conditions
About Lawsuits.

1t is regarded as likely that if the
streets and walks committee of the city
council decides to faVorably recon-
mend to the council the proposed new
franchise for the Excelsior Coke & Gas
company, it will also recommend as d
proviso that some sort of a compromise
of the dollar gas case" be secured from
the gas company.
Some of the councilmen are in favor
of holding up the further consideration
of the franchise until Judge Hook de-
cides the dollar gas case. The matter
has been in his hands since last De-
cember, and no decision has been an
nounced.
Already the city has paid out over
$3, 900 in costs of the gas case. If the
decision of Judge Hook is adverse to
the city, as it is likely to be, the city
will have to pay about So, 1000 or 81, 900
more. Some of the members of the
committee thirk that if the council
7sgrant a new franchise it should be
under the condition that the gas COM
pany pay all or part of the remaining
costs in the case. and the matter be
entirely withdrawn from the courts.
Chairman S. A. SwendSon of. the
day:
''The indications seem to be that the
city will be beaten in this dollar gas
case, and will have a big additional bill
of costs to pay. If that is the case,
think we should secure some sort of a
compromise of the case with the gas
company. In consideration of the
granting of the franchise, the gas COM
pany ought to be willing to compromise
the gas case.
The probability of a compromise of
the dollar gas case has not been for
mally brought before the committee for
by members of the committee. The
committee will hold a meeting either
Saturday. or sometime on Monday be-
fore the council meeting, for a further
consideration of the proposed franchise.
At that time the question of what will
be done with the pending litigation may
be taken up
City Attorney Spencer has given it as
his opinion that if the council passes
the gas franchise, it will practically re-
peal the dollar gas ordinance, and will
leave the city with all the remaining
costs in the case to pay. Under such
unwiSe for the city to pass the ordin-
ance. without securing some sort of a
compromise with the gas company as to
costs in the litigation. 1t would be
better for the city, if it has to pay
the costs anyway, to await the decis-
ion of Judge Hook before passing the
new franchise
1t is of course by no means certain
that the gas franchise will be passed.
compromise or no compromise The
gas company has substantially refused
to make any lower rate than that pro-
posed in the ordinance, which is $135
thousand for those who pay their bills
within ten days after they are render
ed. A number of the councilmen will
oppose the passage of the franchise or
dinance unless more reasonable rate
is GGured from the company.
One of the city officials said today;
1T seem to me that the indications
are that the council will pass the gas
franchise in some form. The senti- |
ment seems to be rather friendly to the
gas company proposals. The council
may demand some concessions, but the
gas company will make a good bluff of
generosity by conceding a good many
minor points. This may serve to salts
fy a majority of the council. 1 have
not heard any talk of a compromise of
the pending litigation
Mayor Bergundthal said today:"There |
has been no talk of a compromise that
1 have heard. I could not say what I
knew exactly what the proposition |
was to be-