The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-11-17
GAS FOR CITY FREE.
Company Must Light and Heat
the City Building.
This Is Provided for in the
Franchise.
MR. DRENNING SAYS NO.
The Contracts Offered Need Not
Be Signed.
They Are in Violation Ofthe City
Ordinance.
MIR. DRENNING SAYS NO.

The city council viii serve uOLce
upon the gas company that the city
building and Auditorium must be
heated and lighted free of charge
Such a provision exists in the Con-
tinental Oil and Gas company's fran
chise issued by the city council and
which has since been purchased by
the Excelsior Gas company. The
company is now operating under this
franchise though not using that name
The franchise provides that all Of
fees in the city building together with
the Auditorium must be heated and
lighted free of cost to the city upon
demand for same from the city coun-
ell. AT present the city building is
not piped for gas but it is expected
that a contract viii be let soon for
that purpose. The city VIII save7
monthly a large sum of money in its
heating and lighting bills. During the
winter months these combined bills
run up close to 5000 a month.
Mayor w. H. Davis viii present the
matter to the council within the next
few weeks Tt is possible that this viii
result in cutting down the force of
engineers employed at the city build
ing at the heating plant. At present
two engineers, one for the daytime
and another at night, are on the pay
roll.
Mr.. Drennings Opinion.
City Attorney Dreaming has given
his opinion concerning the gas con-
tracts. He says: 1.-THE gas company
can jump into a law suit with the city
if it doesn't want to act fairly with
the people of this town. / was against
granting that franchise in the first
place and am still ready to fight any
attempt to crowd the people out of
their rights. There are few things
about their franchise that the gas
company seems to have forgotten.
one of these is that under the fran
Chise they are obliged to furnish free
service pipes to their customers. The
contract which they are trying to
force people into signing provides that
the customer must furnish this service
pipe. I have prepared the following
opinion upon the provisions Of this
contract which is being circulated
about by the company:
First. The Consumers Light Heat
and Power company can charge the CON
sumner not to exceed As cents per thou
sand feet for domestic purposes and 80
cents per thousand feet for manufacture
ing purposes.
Second Section Is. Ordinance No. /
2435 provided that the gas company
shall furnish not less than ten million
cubic feet Of gas every thirty days to
the inhabitants of the city of Topeka,
and the Consumers Light Heat and
Power company must furnish this gas
upon the terms and conditions specified
in its franchise or 90 out of business
A demand and tender Of the price is
sufficient to compel the gas company to
furnish gas.
Consumers should report in writing
to this office any refusal of the COM
pany to furnish gas because the con-
sumner refuses to sign the application
for natural gas marked Form No. s,
and such legal action will be taken in
the name of the state Of Kansas as will
fully erOteCt the interests of the citizens
of the city Of Topeka
Third One Of the agreements in this
application for natural gas is as follows;
The subscriber will furnish suitable
pines fittings and appliances on the
premises for the use of natural gas.
This is an express violation of the
terms Of their contract with the city of
Topeka. Ordinance No. 2574, which
took effect May 4, 1905, provides as fol-
lows. But Ii is understood and agreed
that the provisions OF section Of the
franchise contract or the Excelsior Coke
and Gas company IN regard to free ser
vice pipes and meters shall govern and
that all service pipes and meters used
by the Continental Oil and Gas com
pany. or the Consumers Light, Heat and
Power company. or their successors or
assigns. SHALL BE PUT IN FREE
OF CHARGE TO CONSUMERS
Section s of Ordinance No. 2525,
which took effect September 9, 1904,
provides as follows; And as a fur
Their consideration for the granting of
this franchise said the Excelsior Coke
& Gas company is to improve its gas
plant and increase its capacity and en-
large and extend its mains and services
so as to furnish gas to portions Of said
city not now supplied and said COM
pany is to put in service pipes and
sumner
This application also attempts to
make the consumer responsible for all
explosions of natural gas. I do not
believe that this provision would re-
lieve the gas company from liability
for gross carelessness which results in
a gas explosion if they put it in a
thousand contracts. because the law
does not permit a person or corpora
ton, guilty Of gross negligence to
escape liability for wilful or negligent