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

II MarShalltoWn Citizens IN Their Case.
The decision by the supreme court
of Iowa, in the Cedar Rapids gas case
in Which the court holds that the city
council of Cedar Rapids has right to
4 fix gas rate of 80 cents per 1000 Gu
bic feet, was hailed with delight by
Marshalltown people who are interest
ed in the fight for lower gas in this
city.
City Solicitor Northup is elated over
the decision, and said today: Il con-
slider that the decision has very
favorable bearing on the Marshall
town case and it will undoubtedly
have weight locally. consider that
the opinion is valuable precedent for
Marshalltown, and that 1t clears up
the atmosphere wonderfully on several
propositions.
| "Of course, we will know more about
it when we see the opinion, and have
already made request for it. From
what saw in last nights T.-R., I
would think that the opinion gives US
an assurance of one thing, and that IS
that the courts are inclined to lock
upon lower rate as not being confis-
catory.
| t. 81.
I'm the Cedar Rapids case the gas
company urged that a 90cent rate was
contiscatory, based on the physical VI
ue of the plant, but in that physical
value they include the value of their
franchise. Now if the value of any
franchise is eliminated, as feel sure
must have been done by the supreme
court in this case, the lower rate is not
confiscatory, for it returns a fair in
terest on the investment, which the
company is entitled to- / feel sure
that the supreme court has held in this
case that fictitious value had been
placed by the gas company on its
plant"
Doesn't Think Any Effect.
Mr.. T. Binford, of Binford & Farber,
one of the law firms having in charge
the local gas company's case against
the city, said today that he did not
think the Cedar Rapids decision would
have any effect on the local case. Fur
Their than that he did not care to dis
cuss it, at any rate not until he had
read the opinion.
Goods Finger in Local Pie.
A fact that will doubtless prove OF
interest, and hold out hope to the citi-
zens of Marshalltown in their fight for
cheaper gas, is not generally known. Ii
is that Congressman James wv. Good
OF the Fifth district the man who SO
successfully fought the Cedar RAPIDS
Gas Company, as city solicitor, and
who has won his case, was consulted
in the local case, and conferred with
Mayor Ingledue and others over the
4 local situation
Had Several Conferences.
Mayor Ingledue, who thinks that
the Marshalltown case is now as good
as won, said today that Mr. Good
knew the text of the ordinance as
adopted by the council here, and had
been consulted frequently before the
ordinance was drawn. Mr.. Good was
asked, in view of his intimacy with the
earnings of gas companies, what rate
should be charged in Marshalltown un-
der new ordinance. Mayor Ingledue
said that Mr.. Good believed dollar gas In
Marshalltown would be right and fail
and equitable, in view of the fact that
he had established that 9O-cent gas was
equitable in Cedar Rapids. The send
out in Cedar Rapids is greater than
in Marshalltown. and for that reason
1 a higher rate should be charged here
Willing to concede Little.
Mayor Ingledue said today: 81 would
be willing to concede the Marshalltowr
Light. Power and Railway Company q
little time if the company would come
out and make some promises that i,
would put dollar gas into effect III
Marshalltown within a certain period
If the company would promise the
people of Marshalltown, and back tina
promise by a Sufficient bond, to build
up it's plant, put it in shape to furnish
better gas and enough of it, and fur.
nish more electric power and cheaper
power to manufacturers, then / would
listen to an extension of the limit a.
called for in the ordinance
would also be willing to make
concessions like this to any new com
pany that would take over the bust
ness of the present firm, but the peo
pie must be shown that in the end
and that not far in the future, they ar,
to have dollar gas and good gas
"Mr Jones accuses me of maxim,
the fight against him a personal mat
ter, but I have assured him that per
sonally I have nothing against eithe
him or Mr. Hovey. am against thei
corporation, however, and the wa,
they have of doing business. Further
more, if this litigation is to continu
I am going ahead with suit on tn
| revocation of the present company
| franchise, and I think we can win it..
nceIerINN ~Nunee, c.1, ox.-.