The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1910-08-12
Formal Notice Served the Corporation This Morning and
it It Is Disregarded, Which Is Quite Probable, the City
Will Then Begin Legal Action to Compel Com
pany to Obey Orders Given to It.
CITY HOLDS WHIP HAND, SAYS GARDNER
Attorney Robbins for the Light, Heat Power Company,
Says That by Tearing Up the Mains and Relayino
Them, Corporation Would Be Acting Within It's
Rights-Hooven Is After the Gas Wells.


The following notice was served on
Fred Schornstein. manager OF the
Light, Heat & Power company. this
morning, by the City of Richmond:
"You are hereby notified to make
no connection between the lines ana
pipes formerly owned and used by the
Richmond Natural Gas company and
the pipes heretofore owned and used
by the Richmond Light, Heat & Power
company, of Richmond. 70: the pur-
pose of supplying and distributing artt-
ficial gas in the city OF Richmond.
by order of the Board of Public
Works. H. NJ Hammond. president.
(Signed)
''E. d. McNally. Sergeant of Police. .
Manager Schornstein said this
morning he had received the notice
but refused to discuss the matter. He
said it was entirely in the hands OF
the attorneys.
"The notice sent the Light. Heat &
Power company by the city ordering
the company not to use pipes purchas-
ed from the Richmond Natural Gas
company, will not be regarded" said
Attorney John F. Robbins. represent
ing the Light. Heat & Power COM
pany, today. IF the city don't want
us to use the pipes 1t will have to re-
sort to stronger means than adopted.
The company does not intend to sur
rnraav Osa1, 1oorol rSa1.tu
Gardner's Statement.
IF corporation Is xra1tad = .frana
chise to use pipes for q certale pur-
pose and ceases to use them TO. that
purpose then naturally they forfeit
their franchise. A franchise mty be
sold but its original provisions must
be regarded. said City Attorney a.
M. Gardner on the gas situation thls
morning. HIM Il
I'VE expect the Light Heat q PO1.
er company to disregard the notiee
and in due time suit will be ffi8
against that corporation by the city.
On section of the franchise. III sap
pose the company viii dispute Or
right to enjoir them from using tho
natural gas mains for artificial gGs, I
he continued.
Section /. of the franchise iG ~
part as follows: Resolved, That the
Richmond Gas company, its spcces::
sors and assigns be and are hereby
granted the right and privilege st
maintaining the mains and pipes uf
said company with all connectionS 3nd
appliances as now existing III the
streets, alleys and public grounds aof
the city OF Richmond and laying I'd.
/ ditional mains, pipes when neces-
sary."
10 Time for Action.
This franchise was ordained BY city
council September 2. 1889 and iss1or I
period Of twenty-five years. e a.s
THE Light, Heat & Power com.
pany has had the drop on the city
long enough" is the common express
sion heard at the city building tnday.
It Is popularity believed that the city
VIII be able to compel the Il, II. u h.
company to take out new franchise.
Only few officials believe that IL
torney Robbins is right in his conten-
tion that using the old pipes OF the
company would be no different than
laying new pipes or tearing nD the
street and then relaying them and
putting in the old pipes again.
Attorney John F. Robbins for the
Light, Heat and Power company stated
this morning that he could not see
why the artificial gas company could
not use the mains Of the old Richmond
Natural Gas company for the purpose
OF supplying artificial gas.
Right o. Company.
He declared that It was obyions fha
Light. Heat and Power company had
the right to lay mains in any street OF
the city and that It could tear up the
mains Of the Natural Gas company.
restore the street to good condition
and then tear up the street again and
relay these pipes II the Light. Heat
and Power company has the right to
do this he sees no reason Why the
company cannot use the mains pur-
chased from the old natural gas com
pany without tearing them up and re-
laying them.
Even II the Richmond City Water
Works company was to abandon some
Of its mains and It WIS found that
these were suitable for the carrying az
artificial g1s Mr.. Robbins believes
that the pipe lines might be used for
this purpose.
The Richmond Natural Gas company
waS forced to sell ffs hOldinxS. the u