The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-08-22
GAS OR NO GAS
Fate of Several Additions
= Hangs in the Balance.
Gas Franchise Starts War of
Words in City Hall.
WAS UP FOR SECOND READING
Unless the Franchise Be Grant
i ed Extensions Will Stop.
That Is UItimatum Delivered
by I. f. DOran.
WAS UP FOR SECOND READING


pass the ordinance granting new
twenty-year franchise to the Consum-
ers' Heat. Light & Power company
the residents of several sections of the
city toward which extensions are now
being made. will be out of gas next
winter, T. r Doran. attorney for the
company, informed the board of com
missioners this morning.
There was an oratorical session
when the ordinance came UP for the
second of the three readings which
1t must have before the commission
this morning.
Eugene Quinton was present and
declaring that he was speaking the
sentiment of divers solid and substan-
tai citizens of Topeka, urged the
commissioners not to renew the fran
cnise of the company so long as the
concern is in the hands of receiver.
Quinton advised the commission 10
appoint a committee of three lawyers
headed by the city attorney, to thoroly
investigate all the circumstances ana
conditions of the franchise before they
passed it.
Ouinton declared that the city COM
mission and the people of the city
had been helpless in the hands OF the
company during the life of the fran
chfse which is to expire in the course
of a year, and declared that now, for
the first time. the commission had
some power which it could exercise
by refusing to renew the charter.
The Meter Charge.
He declared that the rs cents a
month meter charge which is collected
from all consumers is being USED TOT
the purpose of conducting court action
and intimated that the city commits
sioners should have a hand in the
making of the rates under the new
ordinance before they renew 1t.
T F. Doran, attorney for the COM
pany and G.. J. Swan, receiver, were
in attendance at the commission meet
ing TO hear. the reading of the ordl-
nance
Doran disputed, fatty. several of
the charges which Quinton made. He
and Swan stated that the seventy-fiVe
cents a month charge which is as
sessed against the users of gas is not
only not being used for court costs,
but that pending litigation has tied II
up where the company cannot use 1t
for any purpose
we have $4,000 in cash in the
Central National bank, raised in this
purpose, until the courts have decided
whether we may keep it OF whether 1t
will have to be returned to the GUS
toners" Doran declared. .
Money from Depreciation Fund.
The company's attorney asserted
that the money for the extensions
which are now being commenced,
came from the depreciation fund.
we set aside from our earnings"
said Mr.. Doran, the full amount OF
the depreciation fund. and converted
it into cash, so we could borrow from
it and make these extensions. Then
we applied to Judge Pollock, OF Kan
sas, and not to Judge Booth of Min
nesota. as Mr.. Quinton has said, for
the order permitting US to make these
extensions. We got the order, and
have Started the extensions.
-tAs for any intimation that we had
concealed this order of the court from
the city commission, and were exact
ing the new franchise as the price OF
making the extensions, that's an out
rageous misstatement of fact. The ex-
tensions are already under way, and
the blue prints of them, according to
the order of the federal court, were
filed here with the city commission
week ago"
THE citizens of Topeka should
thank God that their company is in
the hands of a receiver under the con-
troll of the federal courts. If the re-
ceiver were a private individual the
money which is being spent on these
extensions wouldn't be spent that way
it would be going in the form of in
terest and dividends 10 the holders of
stocks and bonds of the company"
Doran declared with some heat.
The city commission has no vestige
of power in the matter of making
rates, Dorans declared, and Mayor Cor
wine agreed with him. We've had 1t
proved to us that the rate making
power is vested solely in the state
public utilities commission. So far as
the most important relation of the
company and the city is concerned, we
are as helpless as baby in a high
wind. If there was anything we could
do in the way of fixing rates, If we
had any shadow of jurisdiction, I'd
delay the franchise and appoint all
the committees in the world" Mayor
Corwine said.
Doran frankly informed the city at
torney that If the city attempted to
pass a franchise which included any
49,,
mt accept 1T.
THE extensions which have been
commenced at the order of the federal
court are twenty-four in number. will
include $4,000 hneal feet of main, and
will reach Kenwood. College Hill. Mel
rose Heights, Potwin and other addi-
tions which have not hitherto been
served with gas" Doran said.
Threat TO Stop Work.
IF there is going to be a delay in
nediately on these extensions" Doran
told the commission Delay in re-
newipg the franchise was not con-
templated when we asked for the or
der authorizing the new extensions.
No court would permit US to make
those extensions on the basis of a
franchise which has only year to
run"
Doran protested against the valua-
tion which was stated in the new
franchise read this morning. on the
company's property. The ordinance
set the valuation at $1.4Oo.0 900, where
as the valuation is nearer $1,000 900,
Doran claimed.
He also protested against the rlgor-
Gus penalties imposed upon the COM
pany in the case of failure to make
extensions and connections properly
applied for.
He and City Attorney Ralph O'Neil
will confer on these points before the
franchise is finally acted upon The
franchise will have to be read again
and passed upon. in a regular meet
ing OF the commission; accepted by