The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-02-10
City Seeks TO Restrain Company From
Furnishing Illuminating Gas
to Consumer-
JAMES A. HENRY CASE
REVIVED IN ARGUMENT
No Trouble. " Gas Company Would
hav Notified Consumers. the
City's Contention.

After hanging FIRE In the courts for
the past three years, the sui OF the
CITY OF Wheeling VS.. the Natural Gas
company OF West Virginia came up
Yesterday morning in the circuit court
before Judge II. c. Hervey. sitting In
chambers. for the final hearing. The
arguments were completed about :
clock yesterday afternoon, when the
Judge took the matter under advise
ment and will render his opinion
later.
Inc suit Is n in which the city
seeks a temporary injunction restrain.
ing the natural gas company from
selling gas for Illuminating purposes.
Attorney I. =. Riley represents the
city In the case and General Alfred
caldwell AMI j. Bernard Handlan are
ooking after the interests OF the de-
tense.
Attorney T. :. Riley opened h argu
ments and stated that in 1855 the city
granted the company a franchise to
sell gas for heating purposes and that
the company was violating this fran.
chise by selling their product for II.
Eliminating purposes. He argued that
there was no question thai the gas
was being used extensively for h
purpose and had been since 1905,
when James 4. Henry was arrested
Tor using the gas. was fined in police
court and then appealed Il TO the Grim.
inal court, where the lower court was
reversed. Since then. he said. the pub.
lie has the impression that it was
Safe to Use the Gas
{ tDr llYntl and "A decided fnnrAaeA IN
the number a noted.
On June 8. 1899, he said. notice was
served on the company by the city
that many of its consumers were using
natural gas for lights. and along with
the notice a list OF PSI names was
submitted. The company then notified
these people TO cease using gas for
this urpose
General Riley then stated that the
contract or the with the con.
eumer provides that either party nav
cancel the agreement for gas on so
uaEs notice. and charged that the gas
company had never notified any of its
patrons that the gas would be shut off
u 'heE lie not cease using II for light
ing rpose Later another list of
$40 names was furnished the com
pany' n II was Shown that for
squares people were using natural
gas for lights.
Many Using II.
I continuing. Mr.. Riley said: eff the
people We're notified hat the gas
would be- shut on there would no M
trouble
lie then went into the loss sustain.
cd by the city as a result of this use
OF natural gas for an illuminaut. and
stated that within two and ne.ba
months - meters for city gas had
oeen removed. and while electric
nights were responsible for this IN
some extent the gas cut a large figure
ana the decrease in the city's heyenue
was FELT. He then went into figures
ana showed that the OF the
cry during the past five years had do.
creased about $4,000.
No Violation by Company.
When he had completed General
'aldwell argued for the ma and
Said that the company had not yioIat
90 us agreement and his areumen,
was along the line that IL an iniunc,
on should be- granted at all II shouIs
b" permanent and GOT and
IN this event the company would have
'h" rlght TO appeal and have the mai.
ter settled. "
TIC continued that once The gas nass
81 through the meter II was register
% against the consumer and became
rs property and the could
nor claim the right 10 say what no
mould do With it after that tim. IL
'"n'"nd"d that Tho gas companv had
TOO GOSH" 70 sell no ras for iIIumir
t'lhg pIrposes ana had no desire III
''ihb."t" with the cifs in selling Gas
hH' That D. was a matter IN which th.
CONSUMERS themscIt.- were N fsrl,
ana nor fh" company IN sunpor. Of
mis- cuniep'on De- ci'od = deCi4io, a..
ne United STATE supreme Court i-
hirh " held that up uurea-onsbl
r~- -ictions could h~ placed on -,. I-.
I'd a" .-'i''e after o. bad been Sold
Taken Unds- S-dvisem.n,
'r conclusion boz asked that me Ga.
sion of Tho court be- such rt.. f.a
"ns4u~r e"ut understand fba. ID.
ap would h- frfIt'.f .p01 chem
persisted il using st. f.r .a i
ra1f
When rn.r convened r. 7n S..
Hand .rnr- r.rnE -@ sam.
f'r fl- Eas ..rrnr -re 81. - .
Dr.. A".rr.. -
sf fn~ f.. ...
ITO r1 f.sr '.Hs no
a-f r. OIL
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