The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1910-09-03
cty's Suit for Permanent In
junction Against 1. n. & P.
Co. May Be in the Courts for
Over Year.
CORPORATION MAY ASK
FOR A new FRANCHISE
Manager Schornstine Says He
Will Take Matter Up with
Parent Company-The City
Avoids a Bond.

mains In the city were made Saturday
by the Richmond Light. Heat and
Power Company.
Artificial gas will be supplied to
those desiring this fuel pending dc.
cision on the Injunction suit. which
the city has iiled In the circuit court
20 restrain the company from using
the mains and connections of the de-
funct Richmond Natural Gas Company
for supplying Its patrons with the arti.
6cal product.
BY such an arrangement the city and
company may avoid all unnecessary
acknowledgements and the citizens will
not be subjected to any Inconvenience.
The ultimate result of the injunction
suit will not be effected In the least by
the arrangement.
Even q more important settlement
may be effected before the existing
conditions are thrashed out. The city
has the promise Of Manager Schorn-
stine Of the gas company that he will
ut once take up with the central Office
the matter Of asking the city for .
new franchise. The present franchise
runs for only four years yet.
City Avolde q Bond.
In waving the right to have . tenn.
poraSy restraining order issued
against the company. the city will
avoid the necessity OF ding . bond.
ansuring the company that its losses
would b met BY the city II the com.
pany should win in the contention
over the use Of the natural sas mains.
This alone 10 regarded as important
and the best arrangement by City At
t0rney A. n. Gardner and his assist.
ant. Wilfred Jessup. Il 10 doubtful II
the case will b finally settled within
. year. A decision either In favor OF
che city or the company by the Judge
OF the circuit court likely would be
appealed 70 higher courts until the su-
preme court passes ON the matter. II
the city would prohibit the company
from supplying its patrons through
the national Gas mains during the liti.
cation. and the city should loose In
the nnal decision. Il would be obliga-
tory on the part Of the city to reim.
burse the company for all loses 1t in
cured.
Would Cost Large Sum.
Owing to the enormous profit which
che company 10 said to make on artifi.
cial gas. the city would have to pay
several thousand dollars In case 1t
lost.
Furthermore, many citizens are de-
msnding that they get artificial gas a.
quickly - possible. although they are
not urging the city to accept any con-
ditions other than those which will
profit their interests the best.
The Injunction suit which was filed
in the circuit court Saturday morning
ID made returnable on September Is.
Manager Fred Schornstine of the com.
pany was served with notice by the
deputy sheriff Saturday morning. The
Issues In the case will be made up as
rapidly ~ possible in order than an
early decision will be made by the
circuit court Judge.
The demand OF the city In the in
Junction complaint Is that the Light.
Heat and Power Company be perpe-
tually enjoined from joining and con.
Meeting the two separate and distinct
pipe line systems. and the use Of the
system installed and constructed and
maintained heretofore for distribution
Of natural gas. for purpose OF trans.
mission thereby of artificial gas. The
complaint 10 ten .foolscap typewritten
pages In length. II contains copies of
the franchises issued to the Richmond
Natural Gas Company and the Rich.
mond Light. Heat and Power Com.
pany. also the deed Of the transfer Of
the property to the artificial gas CON-
pany by c. w. Hooven. OF Anderson,
who purchased the old natural gas
plant.
Franchise Explained.
u 10 stated In the complaint that the
Light. Heat and Power Company is
about to connect Its pipe line system
with that owned by c. w. Hoover. pre-.
vious to September /. The city AYERS
that the artificial gas company IL pro.
posing to transmit artificial gas
through mains which were laid by the
natural gas company under the terms
OF q franchise which permitted that
company and It's successors and as.
aigns to use the mains only for the
purpose OF supplying patrons with ma
tural gas. The city claims that this
was the single purpose OF the natural
gas company's pipe lines In the city
under tho terms OF the franchise.
The Richmond Natural Gas Com.
many acquired IN franchise In 1883
while the franchise to the artificial gas
oompsuy was given In 1855. One OF
the attorneys for the city In discussing
The franchises said that tho city had
Owen practically evcrything except its
oennA