The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-09-06
GAS MEN WIN.
Council Passes ordinance Over
Mayors Veto.
Nine of the Ten Present Voted
That Way.
CONCESSIONS MAD E.
A Sliding Scale to 81 Is Pro-
Vided For.
Mayor VIII Not Sign the New
Measure.
CONCESSIONS MADE.


journal. the Excelsior Coke & Gas COM
pany. by making further concessions tc
the city's demands, secured the passage
by the council last night of their 30-yeaI
franchise to sell manufactured gas i'll
the city of Topeka. The mayors veto
of the original ordinance was overrid-
den nine of the ten councilmen voting
against the veto. To bring about this
result, a new ordinance was introduced
by Councilman S. T. Howe, amending
the proposed franchise. and passed by
the unanimous vote of the ten council
ment present. Councilmen Green and
Nellis were absent.
The proceeding was an extraordinary
one. and the gas company is bound TO
accept the amendments only by the YER
bal assurance of Councilman c. K Hoi-
liday. president of the gas company,and
P. ]. Diehlman, the resident manager,
that it would do so.
Three additional concessions are made
in the amendments to the original or
dinance. These amendments were. first,
q provision for reduction of rates to
S1.2O when the consumption OF gas
reaches 2OO. 900 600 cubic feet annually,
a further reduction to $1.10 when it
reaches 400. 600. 900 cubic feet. further
reduction to S1-O0 when il reaches $780,
tion of the proviso that the gas com
pany shall not be compelled to extend
its mains unless it can get a paying
customer for every 100 feet of mains;
and. third. the addition of a proviso
that at the end of Is months, the city
shall be allowed to examine the COM
pany's books to determine whether the
company has expended S1I5,OOO in i'm
provements as the franchise calls for
Evidence produced by the gas COM
pany at the trial of the dollar gas case
showed that the company was in 1901
selling only about 6O,O0O,OOO cubic teet
of gas a yaar in Topeka. Subsequent
statements of officers of the company,
however. indicate that the present con-
sumption is upwards of S0.00OOOO. Just
how the city is to find out wnen the
consumption reaches 10000 1000 or 400
600 900 is one of the weak points OF the
ordinance. Apparently the city must
simply take the company's word for it.
MAYOR Bergundthal will not sign the
new ordinance which embraces these
amendments. He will let il become a
law without his signature He said last
night:
do not improve the ordinance a par
ticle. How can the city tell how much
gas the company is sellingF IL mas no
right to examine the companys books
The city should have this right, but
the company would not consent to it. L
will not sign this amendment neither
will I veto il. 1t will have to become Il
law without my signature. II the coun-
Gil wants this franchise they can nave
it."
The mayors veto of the proposed
franchise was a strong document, set
ting forth with considerable detal! the
arguments against the franchise After
1t had been read by the city clerk,Coun-
Gilman Holiday moved that the veto be
not sustained. Councilman Griley sec
onded the motion
of his motion: This is matter of
the greatest Importance to the CITY
CAPITAL has given Topeka VIDE perrin
All we have done for the upbuilding
of the city of late years has been
done by our taxpayers, with the single
exception of the reconstruction OF the
city railway. The gas company mere
has been too dead to skim put my
shoulder to the wheel, and tried to
see what I could do to start it along.
] was turned down cold by the New
York owners. Their bond attorney re-
fused to have anything to do with
drafting new franchise for this city
If YOU want to know why, ask the
city railway. Ask them how many
bonds they have sold under this pub
them, and finally. to get rid of me,
guess. they told me to draw up an
ordinance, and 1 did So
There never was such fair ordi-
nance on the face of the earth,
don't care whether you go to Kan
sas City, New York or San Francisco
i believe if it is not passed tonight
over our mayors veto, the city has lost
100000. The laboring men here have
lost s15O.OOO.
You councilmen have a great re-
sponsibility upon you. If this ordi-
nance is turned down, and goes back
to New York. you know what will
happen. and so do l. They will simply
pass it up. They don't care whether
thew invest 100000 here or not"
Councilman Howe then arose, and |
stated that he had drawn up certain |
amendments to the franchise. with |
which he thought the ordinance would |
be satisfactory. He stated that the |
gas company had agreed to accept |
these amendments. and he explained |
the proposed changes.
Mayor Bergundthal objected to the |
consideration of the amendments. |
They have nothing to do with this i
ordinance under discussion" he said. |
'If you want to change this ordinance, |
you must pass a new ordinance"
Councilman Howe thought that his
could be tackled on the /
original ordinance after its passage, |
provided the gas company would agree |
TO 1t.
It required nine votes-two-thirdso of |
the whole council-to pass the orig
inaI franchise ordinance over the /
veto. On the roll call. the
voted as follows on Coun-
Gilman Holidays motion that the veto |
be not sustained:
For the notion; Kutz. Ryder, Griley,
Rice. Howe. Sinner. Swend- |
son and Hughes-9.
Against the motion: Nell.
Absent and not voting; Green and
Nellis-2.
This vote overruled the mayors
veto. and passed the original franchise
ordinance. Then the council proceed |
ed to amend the new franchise ordi-
nance before it had been published /
or had become a law. This was a
procedure, and would not
hold water for a minute if the gas L
was inclined to object The
council has the word of President
that the company will not
sheet