The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1914-08-07
From Saturday. Daily.

of a temporary injunction restrain
ing the city OF Mankato from en-.
forcing the new dollar gas rate or
iinance. pending the final deter
mination of the action brought by
the Consumers Power company I'm
opposition TO this ordinance. The
order is a victory for the company
and reads as follows:
THE merits of the controversy
cannot be determined on the prellm-
mary hearing nor Is 10 advisable
that Il should be so determined. AT.
fidavits are at best unsatisfactory as
evidence. There should be granted
to both sides a trial and an oppor-
tunity to both parties to produce
their witnesses in court.
1T s beyond controversy that II
the proposed one dollar rate Is put
into effect. the loss TO the complain
ant company viii be immediate, GER.
tain, great and irreparable. On the
other hand. II temporary injunc-
ton be granted, until the final deter
mination on the merits, the loss to
the consumers will be comparatively
small, and may be fully indemniGied
by a bond.
Takes Things Into Consideration.
Taking into consideration, there
fore. the grave and doubtful ques-
tions involved and the certainty of
considerable loss to the company II
preliminary injunction be not
granted, together with the fact that
the Inconvenience and loss to the
city and the consumers of gas can
be Unidentified by a bond, am OF
the opinion that the motion for a
temporary injunction should be
granted and II is therefore so or
6ered.
"As a condition of the granting OF
the temporary injunction. the COM
pany will be required TO give to the
city a bond, conditioned TO repay to
the consumers OF gas twenty-five
cents for every thousand feet of gas
II the city ultimately prevails. con-
ditioned also that the company keep
an accurate account with every cen.
sumer and file such account with
the court and pay the necessary sum
INTO the court TO indemnify said
consumers IL the final judgment
should be rendered against the CON-
pany. such fund to be distributed by
a master under the direction OF
the court and conditioned further
that the company will pay all ex.
penses incident thereto.
Regarding the Ordinance.
- have not found II necessary in
reaching this conclusion to pass up
on the claim Of the complainant
that said ordinance in
lures the obligation of certain con-
tracts between the complaining con.
pany and the city. I therefore shall
not discuss this claim at this time.
"A supplementary order may be
prepared by the solicitors for the
covering in detail the
matter Of keeping the accounts be-
tween the company and it's custom
ers of the twenty-five cents per
thousand feet, II the city ultimately
prevails in this action. Such order
may be submitted to the solicitors
for the city for approval by them
before being submitted to this
court"
The case will be tried at the Oc-
tober term of the federal court In
this city.
from Saturdays Daily.
Miss Ella Kroeger of Rapidan died
this morning OF general peritonitis
after an illness of about two years.
She was a daughter of Mr.. and Mrs.
Fred Kroeger and was nearly TWEEN
ty-five years OF age. Miss Kroeger
was born in Mankato and lived here
for about fifteen years. then moving
with her parents to Rapidan.
She Is survived by her father and
mother, four brothers and one sister.
The funeral will be held from the
family home at Rapidan at twelve
o'clock Monday noon and from the
German Emmanuel Lutheran church
In Mankato at two o'clock. The I'm.
torment will be made in the Luz
theran cemetery here.
From Saturdays Daily.
NJ. b. Wilson was found drunk I'm
a shed at the rear of the Lack drug
store last night about twelve o'clock
by Patrolman Lundberg. The man
resisted arrest and fought the officer
fiercely, but was overpowered. He
pleaded guilty in police court today
to the charge or drunkenness. Judge
Comstock continued the case to Au-
gust Is, to see whether the man can
straighten up, go to work and let
liquor alone.
George Hinniker, farmer OF Lime,
was in police court this morning on
an old charge Of drunkenness. This
man has caused the people on the
streets much apprehension by run
ming his automobile recklessly when
drunk. Judge Comstock gave the
man the choice OF going to jail for
thirty days, or putting his automo.
bile in shed and leaving Il there
during the entire month of August,
while he himself sticks strictly to
business and does not go inside a
gainop ufnpfIar cl1.S a.. 80.