The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-04-29
Councilman Holiday Has His
New Franchise Recommended.
Was First Defeated by Street
and Walks Committee.
MR.. NIPPS CHANGES.
Must Be Furnished Evidence
Rates Can't Be Revised.
Charles F. Spencer Appears as
Attorney for Gas Company.

The ordinance granting permission
to the Consumers Heat, Light and
Power company to utilize the mains Of
the Excelsior Coke and Gas company
for the distribution of natural gas was
recommended to the city council for
passage at stormy meeting of the
streets and walks committee last
night.
G. K Holiday, councilman from the
Second ward, member of the streets
and walks committee. and president
of the Excelsior Coke and Gas COM
pany ran the gamut of eloduence- he
wept and pleaded with the members
of the committee, and finally whipped
them in line to recommend after the
first motion to that effect was lost by
a vote of two to three. Councilmen
Sinner, Nipps and Simms held
| against the recommendation on the
first motion. CouncflmeR Holiday and
Rice voted in favor ofs-the ordinance,
at both of the times when the motion
was made. Councilman SWendson as.
chairman did not vote Councilman
Nipps stated that he would withdraw
his objection to recommend the ordi-
nance for passage If documentary
proof was furnished him that it was
impossible to lower the rates in the
franchise Of the Continental Gas COM
pany and that the financing of the
company had been made with that as
he would produce the evidence de-
sired With this assurance Nipps did
not oppose the further recommended
ton.
AS a result of the fight precipitated
at the committee meeting two con-
/ cessions were securedi the granting of
/ free connections and meters and the
placing of a. guarantee fund in the
/ hands of the city treasurer for $1,000
/ that, barring foods, strikes or acct
/ dents, natural gas would be in the
mains of the Excelsior. Coke and Gas
company by January l.
City Attorney Dreaming appeared
! before the committee and advised
them not to pass the ordinance. He
said that the Continental Oil and Gas
/ company's franchise was faulty in
many particulars, and was not an in
/ Strument to be desired. He advised
that a new charter be. drawn up direct
/ to the Excelsior Coke and Gas COM
pany upon the lines of those drawn
up in. Kansas City, Kas., and Kansas
4 City, Mo. He stated that to grant
monopoly to the Consumers, as the
/ Kansas Natural Gas company would
| dispose of its product hut to one COM
+ pany. GIeed, Ware & Gleed, attor-
neys, he. stated for the Kansas Natural
/ Gas .companyshad appeared before him
/ late Friday evening and asked him
! to defer. action upon the ordinance, as
/ they intended to apply for q. franchise
I
would be passed the Consumers
would have their pipe lines and mains
already down and could secure their
distribution of natural gas cheaper
than anyone else and as a consequence
the Kansas Natural Gas company
would pass up their application for a
franchise.
Several tits occurred between City
Attorney Dreaming and former City
Attorney Spencer who appeared in be-
half of the Excelsior Coke and Gas
company, during the evening. Spencer
claimed that the council had the right
to alter the rates in the franchise at
any time they saw fit while Dreaming
/ claimed that it was impossible.
Councilman Holiday said it was alb
solutely impossible for him to ac-
quiesce to a change in the rates, be-
cause the whole project was financed
| on the basis of rates specified and
that if alterations were made the pro-
/ ject would fall through. I'll guar
antee that Topeka viii always have as
low rates as Kansas City and I will
/ further make a contract for two years
with any one to supply natural gas FOR
/ Is cents for domestic purposes. To-
peka will have gas long after Kansas
| city has lost it because the rate will
be high enough to make 1T prodtab bic
to sell gas here when the supply has
dwindled. and it can no longer be sold
! in Kansas City for the maximum rates
The COMMITTEES showed a strong in
/ elination to pass up the ordinance to
i the city council without attaching
any recommendation
It is stated that three OF the coun-
cilrnen on the streets and walks COM
mittee will vote against the passage IN
the CITY council Those who think that
the rates are too high believe that they
have the votes of six Of the councilmen
in council and that they have fight
ing chance to defer action until the
| Kansas Natural Gas company can
frame up a new franchise specifying
| lower rates.
NO HET,P FOR HALE.