The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-09-05
Franchise Proposal Is Held
Over Until Thursday.
E. S. Quinton, Representing
Public, Before Board Today.
DONATING FREE GAS TO CITY,
Gas Attorney Places Company
in Role of Benefactor.
And 1t Wasn't Supposed To Be
a Comedy, Either.

After two hours of apparently inef-
fectual discussion, the city commission
this morning laid aside the proposed
new gas franchise until Thursday
afternoon, when final action probably
will be taken. In the meantime an
effort will be made on the part of
representatives of the gas company
and members of the city commission
to outline an ordinance which will
meet with the approval of both sides
The session today resolved itself
into a spirited debate hetween Clayton
Cline, attorney for the gas company
and E. S. Quinton, who appeared for
the public as an objector to the fran
chise now drawn up. The two SEEM
ing1y were unable to agree on any of
the main points involved. The discus
sion finally came to an abrupt close
when Mr.. Quinton, in the midst of an
argument with Mr.. Cline, bid the body
Good morning" and walked out.
The matter of rates was the hub of
contention, Mr.. Quinton arguing that
it was not onl.- the commissioners
right, but their duty to fix a charge,
and Mr.. Cline holding that the fixing
of rates was of no concern since he
said, the public utilities commission
can change any rate fixed.
Mr.. Quinton urged an so cent rate
10 cover eVeTyLnlnSY declaring IL was
the bounden duty of the gas company
to accept and put that rate or less into
effect.
ITO draw UP a contract without in
Guiding the rate will be a contract
without consideration and Illegal ne
said. The decision cannot be made
for period of twenty years, however,
he pointed out. but can be changed
whenever it is found unreasonable
either way, by the public utilities
commission.
Gas Kills Trees.
Mr.. Quinton also held that under
the franchise as now drafted, the gas
company is given absolute control of
streets, alleys and public grounds, in
Guiding parkings. This. he said, might
result in the death of trees along the
pipes. He advised a provision under
which the pipes would be laid in such
places as the commission may grant.
Mr.. Quinton objected to fixing the
valuation of the gas company's prop
erty at s1,40e,000. declaring that the
valuation of 81 1000, 900 as fixed by the
public utilities commission was more
reasonable.
! Mr.. Cline, in making his plea for
immediate action on the franchise,
pictured the gas company as a bene-
factor to the city of Topeka, asserting
that in the last eight years, it has been
donating free gas.
Advantage to Topeka
1.-The gas company is looking to the
advantage of Topeka as well as its
own advantage he said.
The gas company. thru Mr.. Cline
| has accepted the penalty provisions to
which there has been considerable OBJ
| lection.
THE company is opposed to these
| penalties" he said. I'VE are not go
ing to quarrel over that, however, and
we won't say anything more about it
The penalties provided for are 500 q
day for every day the gas company is
delinquent in laying new mains after
they have been properly provided for
and from 500 to $500 day for every
day the company fails to furnish gas
| to consumers.
| Mr.. Cline urged a change in the
| clause relative to extensions. Instead
, of making extensions compulsory wher
requested by fifty per cent of the prop
erty owners along the line of proposed
extension, he would make it read fifty
per cent of those owning. constructed
residences