The Washington times., 1909-04-28
WILL PRESS FIGHT
ON GAS COMP ANIES
Commissioners Not InAuenc-
ed by Voluntary" Reduc-
ton, Will Take Appeal.

Unin1uenced by the action OF the
Washington Gas Light Company in
voluntarily" reducing the price of gas.
the Commissioners have determined to.
carry to the Court Of Appeals the prose
cutlons against the Washington and
Georgetown Gas Light Companies,
charged with the manufacture and dis
tribution of gas below the standard of
candle power and purity required by
law
If the present law is not upheld by
the higher court it is the intention OF
the commissioners to appeal to Con-
gress Tor mare effective legislation.
In the suits against the Wash
ington Gas Light Company to re-
cover $500 and against the Georgetown
Gas Light Company to recover $500,
~ ulIectlon OF Justice Clabaugh, YER
dlct was returned in favor of the de-
Iehdants on the ground that the de-
faults complained of must continue for
an entire calendar da,y
The District will base its appeal from
this verdict upon the statute of 1893
which provides that tests of the gas
shall be made between the hours Of II
noon and ~ midnight, arguing that if
a DEFAULT IS found at any time during
the hours mentioned, the company is
liable
L think there was probable error in
the ruling of the court In the construc-
ton of the statute" says Corporation
Counsel Thomas. IN an opinion to the
Commissioners, land that the District
oughc TO recover against the Washing
ton Gas Light Company six defaults in
candlepower and three defaults in per-
hitting sulphJretted hydrogen. $500, and
against the Georgetown Gas Light
Company. six defaults in candIepower,
$500.
III is impossible to foreten the pre-
else questions the legal representatives
or the gas companies may raise in the
event OF a reversal, and ii Is not deemed
expedient to now state what these ques-
tons may be. 1t is sufficient to suggest
that It was contended at the trial that
IN the case of the Washington Gas
Light Company a penalty could not
be exacted unless the average candle
power or impurities at ali three stations
was below the standard prescribed by
law. This would mean that the gas
might be below the standard candle
power and purity at two stations. but
If a third station was sufficiently high
10 carry the standard up the average,
no penalty could be exacted.
Il was also contended that IL defaults
were found under this rule upon any
particular day, then the readings for
this day should be averaged with the
readings of the preceding day also IN
order 10 determine whether a default
had Incurred unde- the statute. thus
other. and making the defaults much
more difficult to establish
The prOviso in the statute above
noted imposes great practical burdens
on the District The District can never
meet the conditions OF rebutting want of
ordinary care and prudence without
great expense, and Is put to great dis
advantage in obtaining rebutting evil
cence.
I'm my opinion the law should pro
vide absolute liability for defaults in
candlepower and quality, II the Legis-
lature intends to require the companies
20 keep the standard liked by law. II
a change is made IN this respect the
penalties might be reduced.
''On the whole. If may be said that
the present law Is difficult of enforce
ment and cannot be enforced without
mourning much greater expense 20 both
parties than the amount involved
would seem 10 justify. II is on the
statute books, however, and cannot be
ignored by the Commissioners"