The Topeka state journal., 1908-08-10
Topeka Can Do Nothing with
the Gas Ordinance.
City Attorney Says That 1t
Can't Be Forfeited.
MAXIMUM STANDS
Might Do Something If Com
pany Disseminated.
No Room to Complain So Long as
All Cities Are Treated Alike.

Topeka's hands are tied in the fight
to secure a reduction from the 40 cent
maximum rate for natural gas for do
mestic consumption as specified in the
franchise.
This Is the opinion long waited by the
city council from the city attorney.
In brief the city attorney states that
the franchise enjoyed by the Consum-
ers' Heat, Light & Power company
cannot be forfeited by the city council
for the alleged violations named nor
can 1t move to amend the franchise by
inserting 25 cents in place of As cents
as long as the gas company exacts the
same price for gas from Topeka that II
does from surrounding cities.
"It is not as clear cut or explicit as
Il might be-" remarked Mayor WIN.
Green as he glanced over the document.
The exact text of the opinion is not
for publication until 1T is first submit
ted to the members of the city councll
at a meeting held this evening. But
enough of the decision of the city at
torney on the two main points In ques-
tion became known to make state
ment as given above.
Following the failure of natural gas
at several periods last winter the city
council considered the repeal OF the
present franchise of the consumers
company WITH Ile lildh IL "ONtN
bring the company to time and result
In a better supply. At one time 1t look
ed as if summary action would be re-
sorted to and the franchise declared
annulled.
Cooler counsel prevailed and a con-
ference was arranged for between the
legal representative of the company,
the council committee on gas and cleo
trio lights and the city attorney.
As result of two of these conferences
hat hn anr a
the gas company should submit his legal
opinion upon the questions proposed by
the city-that the franchise gould Pc De e
amended so as to provide for lower max
This brief was submitted in writing to
the city attorneys office and the points
set out and arguments advanced taken up.
The city attorney after investigation sldes
in with the brief of the gas company that
no power exists for the city to assume
action at this time.
The claim of forfeiture was based on
several things, principal among them the
manufacture of artificial gas immediately
upon the failure of the natural gas sup
ply as the ordinance provided and also the
failure to file with the city engineer maps
or plats showing the gas mains and dis
tributing pipes in the city There were
one or two other small technical viola
tions charged, the two main ones being
the two mentioned. The gas company
stated sti1at IL was can irnpossi bHity'to ftFI
nish the artificial gas as stated. that the
lamps and fixtures of the customers
would have to be entirely readjusted for
artificial gas. that the plan was made
quate to supply the whole city with gas
for heating and lighting and that the two
gases would not mix in the mains and an
explosion was liable to ensue.
Replying to the proposed threat of
amending the rates the gas company took
refuge in the city charter act in section
which excerpts natural gas franchises from
the same control as that of other fran
chises.
Topeka believes 1t has a grievance be-
cause Leavenworth. st. Joseph. the two
Kansas Citys. Lawrence. Atchison and OF
tawa have lower maximum rates ranging
from 30 to IS cents while Topeka's is a
cents. The city council il is expected this
evening will secure the opinion OF addi-
tional counsel aside from that already Sc
cured from the civ attorney before it is
satisfied.