The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1922-02-22
The CITY
Wins IN
GAS CASE

Injunction Against
City of Sumter
In the suit OF the Sumter Gas
and Power Company against the
city OF Sumter and the city council.
Federal Judge Henry A. VI. Smith
Friday. sitting in Charleston,
made q decree refusing the injunc-
ton sought by the plointiits, which
would have restrained the munich
pal authorities from interfering
with the collection for gas service
at a rate Of 50 per 1000 cubic feet,
subject TO q discount of 10 cents
per 1000 feet when paid for
promptly.
The order, however, provides
that if the gas company gives bond
in the sum of $4,000 to protect the
defendant should the circuit court
of appeals not decide in favor Of
the complainants, the city Of Sum
ter will be restrained for q period
of thirty days from enforcing its
new and lower gas rate.
The decree Of Judge Smith in ef-
feet sustains the contention OF city
council that the franchise under
which the Sumter Gas >S Power
mpany Is operating. is II
contract and therefore binding in
all it's terms and conditions. includ-
ing the schedule Of rates it is per-
mitted to charge its patrons. The
permission granted the Gas Com
pany 10 charge the higher rate. viz:
50 per 1000 feet. for n period of
thirty days while the Gas Company
is .pericctins its appeal TO the high
or court in no wise alters the fact
chat Judge Smith decided clearly
and positively in favor OF city coun-
Unless the federal court OF appeals
should reverse the ruling OF Judge
Smith the franchise rate Will re-
main in effect so long as the gas
company continues in business. eA-
cept the city council specifically al
lows 9 higher rata to be charged. as
a matter Of grace as was done dur
ing the period OF war inflated costs.
The decree of Judge Smith in full
follows:
Order.
This is 4 motion for temporary
injunction OF which du" notice has
been given and counsel for both
complainant and defendants have
appeared and been heard. At the
same time, there has been heard
q motion fled in behalf OF the de-
PENDANTS TO dismiss the bin OF com
plaint.
The motions have been heard up
on the bill Of complaint and ex-
liibits thereto attached, the re-
turn OF the defendants. the reply
Of the complainant. to the return.
and the copies Of the statute OF the
State of South Carolina. ana the
ordinances OF the City Of Sumter.
filed before the hearing.
The questions presented are very
serious ones, but after considera-
ton. the court is OF opinion that
the temporary Injunction should
not be granted.
1t is Therefore
ordered. .Adjudsed and Decreed
nv
injunction be anG the same is here
by refused: Provided. however. that
inasmuch as an immediate appeal
lies from this order under Section
l23 OF the Judicial Code OF the
United States. and the failure to
keep the present status may cause
irreparahlc damage to the COM
plainant. should the circuit court OF
appeals be OF the opinion that the
complainant is entitled TO the EN-
porary injunction prayed: It IS
Therefore
Further Ordered That II the
complainant; shall within thirty
(3U) days from the q te OF this
order take an appeal from this or
der 10 the United States Circuit
Court OF Appeals for the Fourth
Circuit and shall within the same
period Gle its bond to the clerk Of
this court in the sum OF Twenty
FIVE thousand dollars ($25,00G) with
sufficient security to be approved
by the judge Of this court. condi-
toned that the complainant shall
prosecute its appeal to effect, and
answer all costs and damages II it
fail 70 make its appeal good and
shall pay TO the defendants and
any and all persons who may be
rates required TO be paid for its ser
vices by the complainant. all dam
ages. costs and expenses, the de
PENDANTS or such persons or par
ties may incur or be put TO, should
this order refusing the temporary
Injunction be affirmed, as the same
may be lscertained and adjudSed
by this court: then and IN that case
the defendants, their officers,
agents and servants, shall be en-
Joined and restrained from enforc-
ing the rate provisions or the or
dinance OF the City OF Sumter,
adopted and ratified September .6.
1911, and any acts under the ord.-
nance OF the said city Of Sumter
adopted and ratified February 3,