The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1922-02-18

/ llC NltN VI TouilllcI ~ (bt plIl w
complaint in the federal court by
| the Sumter Gas & Power Company
in the matter OF the rate charged
for gas:
Return.
Now come the defendants above
named. and by way Of return to
the rule 10 show cause herein. re-
/! spectfully show:
That the interlocutory writ OF in
junction PRAYED for should not is
sue, because:
I I. This Honorable Court Is
without jurisdiction to entertain
this proceeding. The act OF the
city which constitutes the alleged
! deprivation Of complaiHant's prop
erty without due process Of law is
that portion Of the franchise grant
rates The right Of the city hcweG.
no; from the state. but from the
+ consent Of the parties under the
franchise. If. Us alleged by the
. complainant. the city was without
legislative authority to make such
provision. the act complained Of
w;as not the &c; Of the state. and,
no question under the federal con-
stitution could arise Hamilton
! Gas Works vs. hamilton LAG L. S.
25S: So L. Ed. $3.50. IT, on the
other hand, the city had such au-
thority. The franchise became a
! binding contract between the par
! ties. cleveland vs. Cleveland City
! Ry. CO. 19l L. S. 517: as l.. Ed
i102)) and there would be no turis-
/ diction in equity to relieve from its
! terms. (Columbus r.. etc. Co. KS.
Columbus. o49 l.. S. 339; G3 l.. Ed.
$3.50. The bill contains no allega-
ton that the city claims the right
; TO enforce tho terms of the fran
chisc ordinance by reason of any
authority vested in it, expressly or
! implicdly. h:' the state legislature.
and. on the contrary. as appears
! moro fully by this return, it is now,
and has always been. the conten-
{ ton OF the cit5 That it was entitled
20 the benefits OF tho franchise or
dinance by reason OF the act Of
complainapt's predecessor in inter
Get in accepting its provisions, and
agreeing TO lie bound by its terms
and requirements.
II. That it appears rom the
: face oe tic bill and the exhibits
thereto attached, that on or about
the 18th day of September, 1911,
tho city Of Sumter offered 10 one
!; Edw l.. Rieha. the predecessor in
title Of complainant, through whom
its rights were derived, ard by
whose obligations it is bound. 4
: franchise or right to own. construct
and operate q gas works IN the city
OF Sumter. and to lay pipes. mains
and cond,its in the streets thereof
on certain terms and conditions set
forth in said franchise. and par
ticuia:ly, that during the continu-
alton thereof. under the conditions
shown by the bill 70 be now eX-
isting, the price to be charged for
gas should not exceed the sum OF
one and 45-100 ($l.4D dollars per
thousand cubic feet, subject 10 dis
count for prompt payment Of bills;
ond that it further appears from the
said bfll and exhibits that there
after the said Edward l.. Rieha
for himself. and his SUCCESSORS and
assigns. duly accepted tho terms and
conditions OF tho said gas fran
ch:sc and agreed to be bound by
all Of its conditions. provisions and
requirements: that the said agree
mont on the part of the said Rieha
who was enc of colnplainants cor
Dorators. was and is binding on
complainant.
III. That there is no showing in
the bill. it's exhibits and allegations
of any facts or circumstances
which in law or equity. arc sutil.
cicnt TO lievo the complainant
as tho successor Of tho said Edward
L. Riena. from the requirements
Of said franchise, and more par
ticularly. the ono as to maximum
rates TO which references is above
made.
". Further by way Of cause
why the said writ should not is
sue. your respondents show:
ta) That they admit the al
legations OF the bill with reference
to the granting Of the franchise to
Edw. l.. Richa. his associates and
assigns. his acceptance thereof. AND
its subsequent assignment to COM
nlainant. and 20 the effect that act
ing Hereunder. the complainant
constructed IT'S gas works, and com
,.cnced the operation thereof.
lh) With reference to those al
legations Of the bill wherein 1t Is
ayerred chat defendants increased
the rates specified in said Franchise
defendants allegc that from time 10
time during the continuation OF the
war with the German government,
and the period Immediately follow
ing it. the complainant fully recog-
nizius tlle obligation Of the fran
CHS, requirements. approached de-
PENDANTS. and pctit!oned them to
temporarily suspend these require
mcuts on account OF the increased
cost O: their materials and labor
AID that the defendants saw tit io
do so from ,!me to time as appears
from thc exhibits attached 10 the
bill: that when these requests We're
nado and granted. both parties full