The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-08-02

chiSe is S175.0O0. These improvements
must begin within three months, and
! be completed within year and a half.
Several times the city has granted to
other com oanies franchises to put in
gas plants on their pledge to sell for 81
a thousand or less. None of these pro-
years ago the city passed an ordinance
reducing gas rates to 81. The company
brought an injunction suit to prevent
the enforcement of this ordinance. The
battle was fought in the federal courts,
and while the litigation is still pending.
the developments thus far have been
unfavorable to the city. 1t would very
likely lose the suit. Now all this liti-
cation will be wiped off the books and
the city will start in with the gas COM
pany on a new deal, and with the best
of feeling on both sides, apparently.
Both sides are glad to be done with lit
igation, which has already cost the city
So, 500, and the gas company probably
as much more.
Councilman Holiday made cheap gas
one of the issues of his campaign for
election to the city council. He prom
ised to do his utmost to end the liti-
cation, and bring about a compromise.
He has dem onstrated his ability as
good fighter and a ShreWd diplomat, by
overcoming what appeared to be insur-
mountable opposition to his plans not
only from the city council but from the
gas company itself.
Before the meeting of the council
Monday night, the streets and walks
committee met and went through the
new ordinance. which had been drawn
up by City Attorney Spencer on the
lines suggested by the gas company
and the members of the council. Mr..
Spencer had put in couple of days
working on the new ordinance. and had
Incorporated in it many valuable fea-
lures which the gas company had for
gotten" One of the important changes
made in the franchise as first proposed
was the section requiring the company
to make reports to the city, and file a
complete map of its mains. together
with supplemental map of new mains
once eacn year. The part providing for
reports as drawn by Mr.. Spencer was
as follows:
LAS a consideration for the grant
ing of the franchise said the Excelsior
Coke & Gas company shall on the first
day of January, 1905. and on the first
days of January and July each year
thereafter file with the city clerk of
said city a verified report covering the
business of said company for the pre-
ceding six months. which said report
shall show improvements made and
cost thereof: amount of gas manufac-
tured and amount sold; amount and
cost of fuel used and amount of by
products produced; the disposition
thereof and revenue received there
from; the number of miles of mains
and meters in use; the items consti-
tuung the cost of manufacture and
distribution of gas; a statement of any
manufacture and distribution; also
showing the total amount of capital
invested in the plant and total re-
celpts and expenditures.
The streets and walks committee at it's
the items of the cost of the manufac ture
expenses T 9e s1 a OF any other
WINGED the committee that these were not
necessary and the council did not restore
the ordnance to its original form.
When the committee finished its work
the nVe members present had all been
Won won over ana We're unanimous for the
ga the floor of the council, after an in
eIectual effort had been made to have
the FRANCHISE reCOmmitted to the ways
and means committee for further consid-
Grafton. the first test vote came on the
charge provision. Councilman Ryder pro
posed this amendment, and carried it
taken MT; Holiday offered to waive the
point and eliminate the provision. The |
from voting.
There was no further serious opposition
70 lhe ordnance, except on the general |
ground that il should be held up for 80
DAYS Tor further examination. Council |
man Ryder suggested that there should |
ne a provision by which the city might |
test the companys meters, but Mr.. Hol- |
city could pass such ai ordnance mat at anT
time He said he would pledge the gas |
The provision Of theft franchise an concern
ing natural gas, which may be of great |
follows:
1t is understood that this is a fran |
chise granted to said company to manu-
kacture and furnish artificial or manu-
Iactured gas in said city and not to fur
nlsh natural gas and that said city does |
not hereby relinquish any of its rights to /
conSract for a supply of natural gas by I
SAD company under the laws of Kansas,
and 1t is especially understood that the
fateS herein provided for apply to arti-
H"la+ or manufactured gas and not 30
n hat soft rift
not rel1nGuish its right to regulate and
TX fatr and reasonable maximum rate
lot natural gas. which may at any time |
Pc furnished to said city or its inhab-
As soon as the gas company files its
acceptance of the terms of the franchise
and puts up $4,000 with the city treas |
nsrrr, L