The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-05-17
MAY LOSE THEIR $4,000.
CounciImen Inclined to Hold Up the
Gas Company Guaranty.

The old Excelsior Coke and Gas
company, which went out of existence
May 4, 1905, stands to lose $4,000
which 1t deposited with the city treas
urer in August, 1904, as a forfeit that
at least $4,000 would be expended
by the company within eighteen
months after the acceptance of the
franchise ordinance. At meeting
held by special committee appoint
ed by Mayor w. H. Davis and COM
posed of Councilmen Hughes, Nipps
and Howe, this question was raised.
At the last regular meeting of the
council the gas company asked for a
return of the $4,000 which had been
put up by the Consumers Heat, Light
and Power company that gas would
be furnished to its customers by Janu-
airy 1, 1906, and also the $4,000 for
felt above mentioned.
TITS grave question in my mind
whether the Excelsior Coke and Gas
company did fulfill its agreement in
it's franchise" said Hughes. THE
company claims that It has spent
1920, 924.60 in the eighteen months.
But a large part of that money went
in for main extensions put in by the
Consumers company and not the Ex-
celsior Coke and Gas company. It
kind of looks to me as II this old gas
company will have to lose that So
600. I object at least to turning the
money back until we have looked into
this more fully. AS I understand it
that old company went out of bust
ness entirely and the mains were all
put down by the new company"
81 think we shouldn't hesitate a
minute in turning back that money -
said Mr.. Howe THAT money right
fully belongs to the gas company and
they have complied with their con-
tract. If the old gas company did not
extend the mains It was the new COM
and the fr
successor and assign of the Old so
that it is the same thing. They have
offered to throw their books open,
and they have filed their sworn state
ment with the city clerk. I understand
that they are paying interest on this
money that they have on deposit here
and I think it should be returned inn
mediately. don't think there is
anything in what Mr.. Hughes says
IT'S largely technical matter
know what there is in it. but it
wouldn't be a bad scheme to delay
action and look into it more carefully.
We will probably wait awhile
Il think the money ought to be paid
back said Mayor Davis. at doesn't
make any difference whether the old
or the new company built the mains
the one IS the successor and assign OF
the other. and they are just the same
as II they were one company"
me Sectlon OF the franchise OF the
ordinance bearing on this feature fol-
lows:
whereas. Said Consumers Light.
Heat and Power company has begun
the work of construction of its system
Of pipes and mains in accordance with
said ordinance: and
Whereas. Said the Excelsior Coke
and Gas company of Topeka is the
owner of system of works. mains and
pipes within said city Of Topeka for
the purpose of distributing and selling
within said city artificial or manufac-
tured gas; and
whereas, Said the Excelsior Coke
and Gas company of Topeka and said
Consumers Light. Heat and Power
company are willing with the consent
of said city Of Topeka to arrange be-
tween themselves for the use of the
system of works, mains and pipes of
said the Excelsior Coke and Gas com
pany, its successors and assigns, etc