Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-05-04

1873 per cent on the capital stock of the
| company.
The witnesses for the plaintiff COM
pany admitted that the works were of
sufficient capital to meet the present
demands, and also the demands of the
consumers for period of from three
to five years without any additions,
and that there was no reason why the
past growth of the company should not
continue.
The attorneys for the city pointed
to the fact deduced from the foregoing
statement, that during the five years
under consideration, the consumption
/ of gas increased about Is per cent per
annum.
The witnesses for the gas company,
in addition to the officers and employees
of the company, We're representatives
| of gas companies in other cities, such
men as Colonel Pratt, and others.
Disputed Showing Of Profits.
The company contended that the
proposed rate would be non-remuner-
ative and sought to produce evidence
to refute the claims of the city con-
cerning the profit on the company's in
vestment, and to refute the claims
made by the city as to the cost of man
ufacturing and distributing gas.
During the trial of the case it was
generally conceded that the city had
made a good showing. The city's case
was conducted by City Attorney Good,
who had personally visited and in
spected a number of gas plants. The
victory that followed for the city was,
1lit IS claimed, very appreciably due to
Mr.. Goods painstaking, thorough
work. During the trial it was claimed
that the gas company endeavored to
conceal or doctor it's books to mislead
the city's attorneys and prevent their
presenting the exact facts to the
court.
Trial Occupied Five Weeks.
The trial Of the case occupied nearly
five weeks, the arguments being con-
cluded on the 21st day Of December,
' 1907.
+, Judge Ellison took the case under
advisement, and on the 30th day of the
following January he rendered his de-
cision, in which he held that the ordi-
Nance fixing the rate at 80 cents was
reasonable and valid; that the COM
pany was not being deprived of its
property without due process of law;
that the 9O-cent rate was sufficiently
| remunerative
| The gas company at once appealed
to the supreme court for a restraining
order preventing the placing of the 90
cent rate in operation, pending an ap-
peal to the supreme court. The hear
ing was before Judge Ladd, who set
E'nhrl1o 4 60.
hearing on the injunction. On that
day both the city and the company
were represented before the supreme
court, and the injunction was made
permanent pending appeal, altho City
Attorney Good secured an order from
the court compelling the gas company
to place in a public depository, until
the final determination of the case, all
the moneys thereafter collected from
| consumers in excess Of the 9O-cent
rate. This amounts to about $4,000
per year, the first years excess re-
ceipts being covered by the $4,000
bond given by the company at the time
the original Injunction was secured.
Following the issuance of the re-
straining order by the supreme court,
briefs were prepared by both sides to
the case, and the same filed in the SUI
preme court. Oral arguments were
heard by the court the last week of
January, this year, and the case left
with the judges for their decision,
which was not rendered until today.
Other Court Decisions.
Other decisions handed down by the
Iowa supreme court today are:
Koontz VS.. Hempy, appellant. Jones
county. Affirmed.
Biermann VS.. Guarantee Mutual Life
Insurance Company, appellant. Mar
shall county. Affirmed.
Dashner VS.. Dashner, appellant.
Mills county. Affirmed.
Cedar Rapids Gas Light Company,
appellant. VS.. city Of Cedar Rapids.
Linn county Modified and affirmed.