Bisbee daily review., 1905-09-14
FRANCHISE CHECK BEINGDISCUSSED
 BY DOUGLASITES
There are Differences of Opi- DiOn as to Action of Council

Douglas. Ariz., Sept. 13.-(Special.) -
 By instruction of the city council City Attorney Lockwood left yester- day for Nogales for the purpose of re- gaining possession of the check given by T. Titcomb as forfeit money to the city in connection with his application for franchise for gas enterprise in Douglas. It was learned yesterday that Mir. Titcomb had replevined the certified check from the Banca de So- nora, to whom it had been sent by the Bank of Douglas for collection. The check was on the First National Bank of Nogales and was duly certified. It is understood that the city attorney will give the necessary bond in the replevin suit to entitle the return of the check to the Banco de Sonora
 There is some difference of opinion among the citizens of Douglas as to what the city council should have done when advised of the fact that MT. Tit comb was attempting to prevent pay ment of the check.
 One contention is that the city should have at once withdrawn further pub licat;on of the Titcomb franchise ordi- nance, and ended the matter that way There is a strong desire in Douglas for the building ol a gas plant, and the terms of the franchise asked for by Messrs. F. E. Douglas, H. B. Calisher and J. NJ. Sparks are not objectionable. By this franchise Douglas would be sure of gas at not more than S2 per thousand feet, with the proviso that the city council may set the price at less if they see fit It is argued very properly that of the two franchises are voted on and granted there will be danger of the city not getting any gas plant at all. and it is argued that the city council is forcing this danger by insisting that Titcomb deposit the check in controversy. Many believe that a guarantee of the Douglas gas plant would be worth infinitely more to the city than the forfeit money of MT Titcomb.
 On the other hand, there is a de cided feeling of resentment on the part of the members of the city council and others because of the way Tit comb has acted in trying to prevent the payment of the certified check, and the action now being taken is to force this gas franchiser to accept the terms and comply with the under standing accepted by MT Brown, who was managing the Titcomb franchise application in Douglas. It is agreed that MT. Titcomb has shown a dispo sition to back away from the fran chise enterprise in a manner that is not treating the city fairly.
 Of course, all agree that if the fran chise IS voted to MT. Titcomb he will have to pay that S2000 eventually or put in his gas plant according to the franchise ordiance.
 Just what MT. Lockwood will ac- complish at Nogales cannot be known before tomorrow, though it is pre- dicted that the franchise check will not be paid even if the city attorney secures it's return to the Banco de Sonora. as MT Titcomb is one of the large owners in that bank and will no doubt control it's action in the matter.
 ''The money for the Titcomb fran chise check is now in the possession of the Banco de Sonora"
 The above is the wording of tele- gram received by Mayor Overlook this afternoon from City Attorney Lock wood, who went to Nogales yesterday to recover the franchise check given by T. Titcomb to the city in connec- tion with the gas franchise, which had been taken from the Banco de Sonora by means of a replevin suit
 Mir. Lockwood went to Nogales pre- pared to execute the necessary bond in the replevin suit and regain posses sion of the check.