Smyrna times., 1912-12-18
COUNCIL HOLDS MIDNIGHT
DEBATE OVER GAS RIGHTS
JOS. sMITHERS TO EQUIP AND
INCREASE CAPACITY OF PLANT
Requests Council to Confirm His Rirh.
10 use of Streets Reinforcement to
incorporate Stock Gas Compaov

Smyrna Town Council at an od
Journed session Monday evening made
record of the longest session, in recon
years. 1t was nearly one o'clocl
when they adjourned. The sessio,
was held at length to consider re.
quest of Joseph Smithers. owner. o4
the Smyrna Gas Works. to have
Council confirm his right and title r.
the use of the streets of Smvrna
which ne has enjoyed for 43 wears
Mr.. Smlthers who had been IRVING
for two weeks to get the matter he
fore Council, wishes to incorporate
ana operate his gas works as a stock
company and make some needed i'm
proVements with the view of oiv;no
smyrna an up-to-date plant. His
particular desire to have the franchise
confirmed on Monday night, was that
ne might fill an appointment the next
day with a party with whom he wisha6
to consult in the matter of financino
the new proposition. Council deliber.
ated at length and finally adjourned
to meet this evening when thew will
again take up the consideration of
the franchise. The only contention
tnat arose was the matter of "riobt
to open streets. - While Council had
no fear of Mr.. Smithers. who in +be
many years he has been interested in
the plant, had never abused the privi-
lege, they did not know in whose
hands the plant might eventually fall
and to protect the town, they felt our
new and improved streets should not
De opened unless by permission of
smyrna Town Council, the same as is
done IN the case of private individ-
uals, firms and corporations.
Mr. Smithers and His Attorney Appear
Mr.. Smithers and his attorney
Charles Howell LeFevre, ESD. an
peared personally before Council
After explaining the inadeouacv of
MS present plant to meet the demands
and OF his desire to form a stock COM
pany to better equip and increase the
manufacture of gas, Mr.. LeFevre
presented a paper to Council reciting
the history of the gas plant, its own
ershlp, rights, &C., and requested
Council to 'grantunto Jos. Smithers. his
nelrs, executors, administrators and as
signs an exclusive and perpetual francb
lse to enter upon and sue the streets and
highways of Smyrna in the manner
heretofore enjoyed SUBJECT at all
times to the restrictions, liabilities l
and duties and upon the express con- l
lltlon that he or they shall and will at
Ill times hereinafter at a reasonable
ate OF compensation, continue to serve
ne citizens of said town of Smvrna Y
With gas of a quality and quantity Z
necessary and adequate to supply all u
ust and reasonable demands for said a
,as. - n
;ouncil Would Not Consider Monopoly n
After Mr.. Smithers and his attor- ii
ey had retired, Council would not OIL
ohslder granting him an exclusive W
no perpetual franchise and thus shut he
Il all competition for time 10 come. &c
TACT Council was loathe to give A
zap Judgment in the matter at all de
Onoay evening and the case was ce
'stponed. President Reynolds so Sc
'tlned Mr. LeFevre at once. Pres tn
ltIy the latter came back with the he
atement from Mr.. Smithers that CHI
'uhcll could cut out the exclusive fol
10 perpetual" clause and requested ser
at they confirm his rights, &c. with be
is left out so he could go ahead and De
lahce the matter with something de-
nte from Council. Then arose the n
mention over the matter of open
streets as above stated. Mr.. Le- To,
'Vre came back at Council with an lin,
ner proposition and that was to sis,
axe Mr.. Smither's right to said Pc,
'eets subject to the supervision ore
direction of Council. (" Discus for
N over technecalities in the. word nat
OF the franchise then arose at the Yea
lciuslon of which members of Coun- resi-
1elt 1t better not to be too hasty dur
70 take little more time for wer
lsideration. afr.
elephone Co. Granted Ordinance Tow
All the members of Council were adel
sent except Mr.. J. Newell Lloyd.
Ter holding up the matter for nearly ont
ear the ordinance or working fran N
Sc OF the Diamond State Telephone year
npany, in very much modified w.
~ was agreed to and presented and
on motion of John p Hudson and enso
'nd OF Joseph H. Wright was car aftei
l. The Telephone Company was was
resented by Mr.. Galloway. Coun- Frid
accepted and filed the November popu
Drt Of Alderman Grow of SIG. rs. ted
'ected fines and passed bills to the sides