The Richmond palladium and sun-telegram., 1913-07-09
ALL ST|PULAT|ONS
MUST Be SPECIFIC
Bavis Replies to Bonds
Statement Regarding
Franchise Draft.

In statement to the Palladium to-
day Alfred Bavis declares that specific
stipulations regarding the number of
British thermal units contained in the
natural gas which the Allegheny gas
company proposes to furnish Rich
mond, should be inserted in the con-
tract and that test gauges should be
provide for to show the heating value
of the gas. Mr.. Bavis's statement
which follows, also touches upon 9th
er points in the franchise draft:
The Palladium:
Too much credit can not be given
City Attorney Bond for the frank
statement he made regarding his pow
erlessness to cope with the legal rep
resentatives of the natural gas people.
A cleaner admission of down and
out" | never read.
Mr.. Bond says: '1t is extremely
easy to criticize the official acts Of
others, and just criticism followed by
some reasonable and proper method
which will obviate the matters COM
planned about, is always proper; but
mere criticism without any proposed
remedy is of little avail" | take this
rebuke, and all others that follow,
with the best possible grace, undeser-
vedly as it is, for the reason | sug-
gested remedies that could and should
be insisted upon, as they harmonize
strictly with square DEAL and that
is all ever suggested, or would un-
dertake to suggest.
Test Gauge Necessary.
What was the nature of my criti-
cism, to be offensive. Simply the insis-
tence that no franchise should be
granted that fails to contain specific
stipulations as to liabilities existing
between producer and consumer If
the people of Richmond are to pay 40
cents per 1000 60 feet of gas con-
tanning as yers- cfaifn, 1900 British ther-
NAL units of heat to the cubic foot, the
contract should show that 1900 B. T.
u. is the standard of heating value
and test guages provided that we
might be sure we are getting what
we pay for. If the gas fail to measure
up to that standard of quality every
unit of deficiency represents money
dishonesty exacted. Is there anything
wrong with complaining because the
franchise fails to establish such a
standard? Mr.. Bond further says:
Some years ago | heard an aged man
say that he could sit at home and
make some very excellent horse
trades, but when he saw the other fell
low it was different" This is the way
ho ia1 ND Of
Public Service Committee of the Com
mercial Club who have had this gas
question under consideration for many
weeks have found matters"
think the parallel Mr.. Bond tries
to create is poor one and only en-
phasizes his own inadequacy. If l
was a professional horse trader l
would be expected to know every
point which shows to the advantage or
disadvantage of the other fellows
horse and to point them out to him
with all the deteriorating consequent
ces of the defects. Unless l knew those
points I'd never SO ia the horse trad
ing business. What is true of horse
trading is true of all other professions,
especially the legal profession. Unless
/ could keep abreast with the other
fellows, I'd get out of the business, in
any case, I'd hesitate to assume the
responsibilities of taking care of the
legal business of city the size and
Importance of Richmond where you
are expected to keep step with cor
porate legal advisers
Constitutions Different.
Mr.. Bond further says: "It is delv-
ing into the realm of ingenious specu-
lation to attempt to picture the direful
results that might follow if the public
utility law shall be adjudged unconsti-
tutional Such laws have
been declared valid by the Supreme
Courts of every state which has con-
sidered them, and our Supreme Court
will in my opinion do likewise. What
the Supreme Courts have done in other
states, with the utility laws of those
states gives US no assurance as to
what will be done in this state as the
utility laws of other states were ad-
judged by the constitution of that
state and not by the Indiana constitu-
ton. Should the law be declared val
i'd, so much the better. Why take
chances? If you are confident as to the
validity of the law why not insert the
protective features necessary, which
you say is the inevitable, resulting
from the commissions review?
Ahi Mr., Bond admits the possibility