The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-04-16
Contract Is Contract and Cannot
Be Modified.
EXCHANGE OF WORDS.
Councilman Hughes Charges
Company With Failure.
Hasn't Lived Up to Terms OF
Its Bargain.

Power company reversed it's position
last evening from that assumed several
weeks ago when James F. Meagher, the
personal representative of Anthony N.
Brady principal stockholder in the
gas company announced that the in
terests for which he was counsel would
attempt to compromise with the council
on the question of lowering the rates
Of natural gas for domestic consump-
ton. Last evening Mr.. Meagher, who
arrived from Chicago for further con-
ference with the council committee on
gas and electric lights, showed a front
of battle. Nothing definite was done
last night and Mr.. Meagher will return
again in May.
From what he said the councilmen
inferred that the Consumers Heat,
Light and Power company would go
into the courts and indulge in litiga-
ton rather than submit to the reduc
ton of the maximum from As cents to
30 cents and that any ordinance which
would be passed towards this end
would be contested in the courts and
set aside.
In addressing himself to the MEM
bers of the committee and others Of
the council who were present Mr..
Meagher said: Before we even have
our plant completed, there is a move
ment started to regulate the rates. The
franchise under which we operate was
not of our seeking but it was given to
the Continental Gas company and we
afterwards acquired 1t from them by
reason OF their pulling out of a deal into
which they had entered with us. The
Consumers company is in tight place.
1t is between the devil and the deep
sea. On one side is the city Of Topeka,
which wants everything it can get,
while on the other side is the Kansas
Natural Gas company, and if there is
anything that company doesn't want
we haven't heard of it. The Consumers
company has absolutely no connection
with or relation with the Kansas Nat
ural Gas company other than the usual
relations existing between customer
and dealer. We purchase gas from
them and that is all there is to it. For
last winters shortage of gas we were
in no wise responsible.
Naturally, we want to sell all the
gas we can here. We aren't going to
| let our supply be cut down If we can
| help it, but we can't supply you with
gas if we can't get it ourselves and
| that was the situation that existed here
this last winter. The situation could
not have been understood here in To-
peka when there was talk Of FORGETTING
the companyS franchise for something
| for which it was in no wise responsible,
something that we had no power to
remedy.
| 1--WE have tried to live up to our
| contract The Continental gas fran
chise was carefully drawn. 1t is a con-
| tract between the city and the gas
company. We think we have lived up
peka will live up to it. We hope the
| city of Topeka will not wantonly go
ahead and do something simply be-
cause it has the power to do it. 1 don't
| believe it is generally understood that
this franchise is a sacred contract and
| when this is generally understood
do not think that the people of Topeka
| will want to go ahead and break it..
Why should this change in the contract
| be made at this time? Aren't We SELL
in the contemplated franchise? We
| don't know yet just where we will come
out financially. We haven't had a
penny's worth of return yet"
| Mr.. Meagher fell back on the law and
| cited number Of statutes which ex-
cepted natural gas companies from
having their rates regulated by cities
| of the first class. The exceptions were
made by the legislature because at the
| time there was a clamor from cities
for gas from the natural gas COM
panies and this action was taken to
encourage these corporations. With
! this as a basis Mr.. Meagher asserted
| that it would be entirely possible for
l the company 10 break any ordnance
reducing the rates of the proposed
present ordinance as drawn. Council
man ]. w. r. Hughes replied to
| Meagher and stated that the gas COM
pany had already violated the fran
chise in a number Of particulars. He
cited five instances in which violations
| had occurred and stated that though
four of these were technical in their
nature the fifth was very serious one
this last being the failure of the COM
l kJ,of.
a-going when the natural gas supply
failed last winter. The other violations
mentioned were: The failure to file
plats of the system OF mains; the fail
when made; the laying of the mains
within six feet Of the curb lines as
prohibited; the failure to pay for meter
inspection UP to s100 per month as re-
quired by the franchise. Insult has
been added to injury" declared the
Sixth ward councilman. when the
citizens of this town were freezing te
death last winter they got no satisfac-
ton by going to the gas Office. The
present management 1nsulted them ev.
the probability of relief. It was only
an act of God Almighty that kept the
people of Topeka from freezing t.
DEATH
II am very sorry for what happened
last winter" replied Mr.. Meagher. "Bu1
you must acknowledge that our com.
pany was not to blame, 1t was the Kan.
sas Natural Gas company. If somebody
is to be punished why do you want t.
punish the innocent party, why do yo,
desire to punish us when we are no
| to blame?"
Because they haven't any franchis.
and you have. Your company is tn,
only one that We can reach" saiC
Hughes.
as that an answer" said Mr.. Meag
her somewhat wrathfully. 81 ask 20,
gentlemen Is that a square deal?"
The attempt to locate a fire station
In the Second ward, on woodruff ave.
nue., in the sixth precinct, is going tt
precipitate one of the prettiest fights