The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-01-04
WANT MORE GAS.
City Council Will Begin Legal
Proceedings at Once.
Will Demand Better Service Or
Reason Why.
NO RADICAL ACTION.
City Has No Intention of Fran.
chise ReyOkement.
Mandatory Injunction in Court
Is Next Move.

Following the written opinion of
City Attorney sRalston and Attorney
z. T. Hazen, the city council at their
regular meeting last night decided to
bring legal proceedings against the
Consumers Light, Heat & Power COM
pany to compel the gas people to fur
nish Topeka with more gas or give the
reason why and to inspect and repair
| the gas mains In this city.
In order to do this it was decided
to AK for mandatory injunction
against the gas company. In this &C
| ton the city will endeavor to secure
an order from the court compelling
the Consumers Light. Heat & Power
company to furnish an adequate sup
ply of gas according to the terms of
the franchise. In the same action the
city will ask for an order of the court
compelling the gas company to in
spect and repair it's defective mains
and pipes
This action taken by the city attor-
ney and special counsel last night was
just as the members of the city coun-
Gil and the conservative people of the
| city had hoped for. To take some
! legal action for gas and not for spite
was the central thought. In his opin-
ion to the council last night Mr.. Raj
| ston said:
'sIn adopting this plan of procedure
we will do nothing that will impair or
injure the franchise of the gas COM
pany, while at the same time we will
| be able to compel it to furnish all the
relief to the citizens of Topeka that
! lies in it's power and this would be all
we could possibly expect to accomplish
were We to bring action against the
gas company for the purpose of for
feiting its franchise
/ This proves that all talk of radical
! action and immediate surrender of
franchises and the like was based on
! the narrow public sentiment created
I in a few of the downtown radiator
leagues. The people of the city as a
whole had little use for any such plan
! and plainly made known their wants
| The opinion given out by Attorneys
Ralston and Hazen last night was per-
fectly satisfactory to the members of
| the city council. Councilman Blakely
gave a speech in its support and re-
peated the general feeling on the
matter. Alderman Drew moved that
the opinion be accepted as the battle
! flag and the motion was seconded all
| around the council chamber.
Within the 1ext week. through the
| orders of the city council. City Attor-
! ney Ralston assisted by Attorney T.. T.
Hazen as special counsel will ask the
the above mentioned demands. The
| attorneys and the city council want
more gas in Topeka or else they want
a good reason why there should not
be more gas.
The opinion handed to the city
council last night by City Attorney
+, RalSton reads as follows:
To the Honorable Mayor and Council OF
Gentlemen: At the meeting of your hon.
| orable body held on Monday evening, De-
cember 20, 1909, the mayor and city at
torney were instructed to prepare a plan
of procedure against the Consumers
Light, Heat and Power company of To-
peka, Kan, for the purpose of compelling
said company to furnish an adequate sup
inhabitants thereof in CONFIDENCE with
| also for the further purpose of compelling
said gas company to inspect and repair
of gas and resulting fires and explosions
The mayor and city attorney were also
authorized and instructed to secure addi-
tional counsel to assist in proceeding
against the gas company as above speci-
| fled and to report their contemplated plan
| of procedure to the mayor and council for
against the gas company.
In accordance with your instructions
I respectfully report to your honora BILE
| body that on the day following your ac-
ton above referred to, Mayor Green an6
gas situation in our city and agreed or
| Hon. H. T. Hazen counsel to assist il
able to bring against the Consumers
Light, Heat and Power company in order
to carry out the instructions of your hon
oral BILE body.
carefully over the gas situation in To
pel1a, have considered it from every pos
sible standpoint, and have concluded tina
the most available plan of procedure 1:
to bring action. in court asking for
mandatory injunction against the ga.
company. In this action we will endeavo
to secure an order of the court compelling
the Consumers Light, Heat and Powel
company to furnish adequate suppl.
of gas in the city of Topeka and the in
habitants thereof, according to the terms
of its franchise. We will also ask in TIL
same action for order of the cour
compelling the gas company to inspect ant
repair its defective mains and pipes IL
order that the city may be free from tn
frequent and disastrous explosions which
| esca ping of natural gas from such main
| and pipes.
| This is the most effective and available
| remedy that we are able to suggest con
sidering all the circumstances surrounding
the natural gas situation in our city. b,
| such proceeding we will be able to com
pei the gas company to furnish s,Ifficien
| supply of natural gas, if it is possible TO
| it to do so. IL 1t can not furnish a suffi
Gent supply Of natural gas: it will b
adopting this plan of procedure, we vii
do nothing that will impair or injure tn
: franchise of the gas company, while a
the same time will be able to compe
= it to furnish all the relief to the citizen
5 of Topeka that lies in its power, and thi
| would be all that we could possibly ex
pect to accomplish were we to bring a
action against the gas company for tn
purpose of FORGETTING its franchise Re
spectfully submitted.
W. C. RALSTON. City Attorney.
siaRnA aasasa n0aaR nvIPn