The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-09-20
New Issue Injected Into
Meeting Of Street
Committee.
SOUTHSIDE GRANT
is HELD INV ALID
City Attorney Says Manchester
Light and Power Company
Has Forfeited Right to En-
gage in Gas Business by
Failure to Exercise
Franchise.

The Manchester Light. Heat and
Power Company. according to the City
Attorney, by reason of its failure TO
exercise it's franchise for thirteen
years. has forfeited all rights affirmed
10 It In that instrument to install Il
coal and water gas distributing system
In the Southside. This opinion was
delivered yesterday by Assistant City
Attorney George Wayne Anderson to
the Council subcommittee on Streets.
which met to hear persons interested
in the matter.
Counsel for the owners of the fran
chise. which was granted by the city
OF Manchester in 1900. served notice
on the committee that they are pre-
pared to contest the City Attorneys
ruling, intimatinG broadly that before
the matter is closed the courts will be
asked to pass upon the question In
Installing and operating plant for
the distribution Of acetylcne gas. the
owners held, they have complied with
the obligations placed upon them by
the franchise.
Opens Big Question.
by common consent the committee
passed by for the present question of
forfeiture, and addressed itself to the
immediate business in hand--the pc
titton Of the company that the Coun-
Gil grant II new and amended fran
chise. with life of thirty years from
enactment comforting upon it the right
TO manufacture and distribute in South
Richmond coal and water gas of the
kind now supplied by the municipal
plant on this side of the river.
The subcommittee was of the unani-
nous opinion that the petition opened
UT the whole question of permitting
the invasion by private interests of a
neld hitherto secured exclusively to
ri nd In
without more comprehensive investi-
9at:on. With the approval of the peti.
. TONERS. the committee deferred actor
until next Thursday, when anothe,
meeting will be held to permit counsel
for the company to present n detailed
statement of the service il proposes tc
furnish. as we'll as an outline of what
il expects from the city.
Subcommittee Hostile.
Individual members of the subcom :
mittee which is composed OF Council
men Moore and Nonderlehr and Alder
man Gunst, openly declared their hos
tility to the idea Of granting TO pri-
vate corporation the right to engage
IN the business of supplying gas 10
the Southsde in competition with the
city. They made it plain that unless
a clear statement is presented showing
beyond question that the company will
he able to provide the Southside with
gas on better terms than can be Of
fcred by the city. they will vote the
rejection OF the petition.
Attorney 4. II. Sands, for the com :
pany, told the committee that at the
next meeting he will produce import
ant evidence supporting the company S
claim TO the right of engaging in the
gas business on the Southside, as we'll
as its ability to furnish gas to that
section to better advantage than can
be done by the city.
Claims Forfeiture.
Assistant City Attorney Anderson
takes the position that the company
has forfeited the right to engage in
the manufacture and distribution of
coal and water gas on the ground that
by the terms of the franchise 1t was
committed to the installation of a
plant for this purpose within four
months after the franchise was
granted
The title of the franchise. as record
ed in the bound volume of the ordi- :
nances of Manchester for 1905. de-
scribes it as A franchise for the man
ufacture and distribution of acetylene
gas. and contains no reference to coal
and water gas. In the body of the
instrument. after the words. "acetylene
gas are added the words. "and other
CONTINUED On Second PageO