The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-09-15

The real issue in the adjourned
meeting at s o'clock was the report
and speech by City Attorney Dren-
ming, concerning the advisabillty OIL
FORGETTING the franchise of the Con-
sumers Light, Heat & Power COM
pany. The city has been having a
long, hard fight over this proposition
and the report last night by Mr.. Dren-
ming was the signal for immediate &C
ton on the part of the council MT.
Dreaming brought out some polnts
that the council had never thought OF
before and they were surprised at
their own ignorance in the matter.
From the report by Mr.. Dreaming it
appears that Topeka has no right 10
forfeit the franchise OF the gas COM
pany. In the first place the decisions
of superior courts on similar occasions
have been against the forfeiture and
the city attorney cited many medicines
in which other cities with even more
rights than Topeka have suffered. IN
the second place the city attorney
pointed out that the gas company had
only agreed to furnish ten million
cubic feet of gas every 30 days and
the people of Topeka had no right to
demand more and fight the franchise
If they did not get it. In fact the
gas company has been furnishing
much more than they agreed to and
the city has received the benefit. In
the third place, Mr.. Dreaming brought
out the point that at the present time
the city is getting 25 cent gas and they
will have little chance to raise a howl
until the company raises its prices and
discriminates against the city. Then
would be the time to claim the for
fixture. The city attorney mentioned
the fact that the granting of the
franchise by the city was performed
during an illegal session of the coun-
Gil and in this case the council might
declare the franchise void. The night
the franchise was granted the council
met without two hours notice and
without informing Councilman Howe
who was absent at the time. "If it
can be proved that he was in the city
at this time and did not receive a
notification, we will have grounds to
declare the meeting illegal" said Mr..
Dreaming.
Mr.. Drenning's report and speech
lasted about an hour and before he
had finished his huge pile of law
books was covered with dead bugs and
the attorney himself was exhausted
from the fight against the Fostering in
sects. Frequently he would spit them
out and then with renewed energy he
would emphasize his points by side
swipes at the little green things fly
ing through the air. When he had
drawn up the conclusion of the lengthy
address the council gave him rousing
applause.
AS a result of the report Coun-
Gilman Hughes rose and gave pitiful
and tear inspiring speech. He told
of the prospects for a long hard, cold
and dreary winter and said that when
the wintry blasts were their fiercest
and the suffering gas at its zenith the
cruel gas company would raise prices
at once and the effect would be some
thing terrible. He suggested by hand
ing in resolution that the city put
the matter into the hands of a compe-
tent attorney and the whole matter be
considered very carefully and then af-
ter a report to the council, have the
city fight the matter to a finish. The
council was undecided about this mat
ter and after a hot contest they de-
cided to adopt the resolution. Some
of the members wanted to refer it TO
the ways and means committee.
The rest of the council meeting wa!
taken up in cleaning the calendar anC