The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-28
CUT OUT CUT OUTS
Gas Company Refuses to Install
Them i'm Topeka.
Declares City Ordinance is i'll.
legal and Invalid.
TAKE 1T TO COURTS.
Manager Treleaven Asks City
for a Friendly Suit
Mayor Green Believes Ordinance
Carries Out Police Right.

That the city ordinance requiring all
gas companies to install gas cutouts
| in front of certain buildings in Topeka,
| is illegal and invalid is the opinion of
| the attorneys of the Consumers, Light,
| Heat & Power company of this city.
tC install such cutoutS and is preparing
to take th> question to courts for a
| test case.
The city officials have taken the mat
ter up and City Attorney Ralston has
| commenced work on an opinion to be
| given TO Mayor Green as soon as he
| makes his decision. Meanwhile the gas
| cutouts ordered into the buildings over
| the city by Chief G. o. Wilmarth. of
| the fire department. are an unknown
| quantity and will not be installed by
| the gas company.
1t is a most important problem to
| the city-to have the gas cutoutS placed
| in front of every building under the
| ordinance. From the many disastrous
| fires that have occurred in the city
| since gas came TIC Topeka and the cause
suits written in flaming lines of death,
| injury and damage, the gas cutout
| problem is looked forward to as the
solution of the whole matter. With an
most efficient fire marshal and assist
ants to enforce the ordinance-the blow
| struck by the gas company comes like
a thunderbolt from a clear sky and has
I
IF the city is not able to pass or
chances which protect the lives of the
people and their property I am sure
l don't see what the police powers are,
said Mayor Green in commenting upon
the proposition this afternoon. 1T is
| a serious matter and although L am
| rot an attorney and will not venture an
opinion until I hear from City Attorney
Ralston, I feel that the city should have
some rights to use.
Long List of Refusals.
The refusal of the gas company to
comply with the ordinance dates back
almost a year. Chief Wtlrnarth of the
fire department has been giving the
company notices from time to time or
the buildings in different parts of the
city where the cutouts had not been
inst allied. For long time the letters
were not answered. In each case the
fire marshal took the matter up with
Mayor Green and it was decided to
write further letters and notices.
Finally Manager TreleaVen explained
that his attorneys had decided that the
ordinance was invalid and they would
be compelled to refuse to obey the sec
tions of the ordinance. He then sug-
gested that a friendly suit be brought
in the courts in order that the case
might receive good test. This hap
pened a few DAYS ago and the matter
fas been taken UP with the city officials
officially.
dinances on the city ordinance book.
1t provides that cut outs be installed in
such a manner that the fremen may
get at them Turing a fire and shut the
gas out of the building In recent fires
the entire loss of money and life was
caused by a terrific pressure of gas
pouring into the burning building with
out a chance of shutting 1T off.
What the Ordinance Says.
The ordinance reads: cit shall be
the duty of every person, firm or cor
poration furnishing natural or artln-
cial gas to the city of Topeka or any
all service pipes with cut outs or valves
to shut off the supply of gas on all
public buildings, office buildings
depots, churches, Y. M. G; AS, schools,
and homes for the aged, hotels, 1odg-
ing houses, boarding houses and stores,
mills, manufacturing plants of every
kind, all buildings adjacent to any
dwelling houses three stories or more
in height within the city limits, and all
buildings of every kind within the fire
limits of the city of Topeka; such cut
outs or valves shall be of an approved
pattern designed to shut off the flow
of gas and shall be so placed as to be
easily accessible on the outside of any
such building in case of fire and, as
far as possible, shall be located at or
near the curb line of the street, or on
the property line if the service pipe en-
tiers any SuCn Du1lO1IS ITOI1 d gas II1c III
laid in the alley in the rear thereof.
All such cut cuts shall be put in at the
expense of the person, firm or corpora
ton furnishing such gas, and within
ninety days after the passage and
taking effect of this ordinance,
every person, firm or corpora
ton furnishing natural gas or artificial
gas to the city of Topeka, or any of it's
Inhabitants, shall furnish to the chief
of the fire department of said city
complete list IF all outside cut outs now
in use or which have been put in I'M
and give the exact location of the
same, and from time to time furnish
the chief of the fire department such
information as to the location of all |
new cut outs put in as may be neces- |
sary to keep such list up to date, and /
the chief of the fire department shall
enter in a book kept for that purpose
by streets and house numbers in con- /
secutive order such list of cut outs and |
their exact location and make up an |
index thereto by which reference can /
be made to cut outs in all blocks on |
corporation, or the manager or other /
officers or employees of any corpora
tin, furnishing natural or artificial gas !
to the city of Topeka, or any of its
inhabitants. who shall fail or neglect to /
put in the cut outs or safety valves as
provided for in this section within /
ninety days from and after the pass
age of this ordinance, shall be deemed |
guilty of a misdemeanor and, upon I
conviction thereof, shall be punished /
as hereinafter provided, and the fail |
ure to put in each separate cut out, re- /
quired by this section, shall constitute
a separate and distinct offense.''
TRIBUTE TO COL. w. A. HARRIS.