The Indianapolis times., 1926-12-13
COMMISSION
JURISDICTION
is APPROVED
Public Service Body Can
Hear New Merger Plea,
GiIIiom Rules.
MAY CHANGE PLANS
Hearing on Question Sched-
uIed for Thursday.

Another obstacle was removed to-
day from the gradually smoothing
pathway of the petition that would
provide for a s55,0O0,000 merger of
the Indianapolis Light and Heat
Company and the Merchants Heat
and Light Company into the Indian
apolis Power and Light Company,
when Attorney General Arthur l..
Gilliom sent a written opinion to the
public service commission setting
forth that the amended petition call
ing for the merger was within the
commissions jurisdiction. He had
ruled that the original petition
was not.
When the amended petition,
which would bring the same results
as the original petition, was filed,
with different phraseology, attor-
neys for the city, Chamber Of Com
merce and community clubs filed
motions TO dismiss, alleging that the
commission lacked jurisdiction.
Copies of these motions were given
to Gilliom and after studying them
he ruled today that the contentious
did not apply TO the amended petit
ton, as they had to the original.
Change Likely
Oral arguments on the motions to
dismiss because of lack Of jurisdic-
ton were to have been heard next
Thursday at 1 p. m, in the House
Of Representatives but these plans
may be changed, Commissioner
Frank Wampler, in charge Of hear
ing the petition, declared. after
learning of the Gilliom ruling.
For my part. and / believe that
the other commissioners feel the
same way, l will abide by the de-
cision Of the attorney general on
this jurisdictional question:" Wamp-
Ter declared.
He said that he did not feel that
oral arguments would be necessary
now, but that he would discuss the
matter with opposing attorneys and
other commission members, before
announcing the next step. 1t may
be that the Thursday hearing will
be devoted to attacking the amended
patition on charges of excessive
capitalization and sparring for time
to secure adequate figures with
which to fight against an excessive
figure, that would result in high
electric rates.
More Time Asked
Motion already has been filed by
Frederick e. Matson, Chamber of
Commerce attorney. asking for
ample time to secure data to COM
bat any er-capitalization. Benja-
min Perk, utilities expert account
ant, already Is at work on this phase
Of the case.
Removal Of the jurisdictional bar
rier will mean that the merger hear
ing will proceed before the commits
sion. Attack on the commissions
jurisdiction made by City Corpora
ton Counsel Alvah II. Rucker in
Marion County Circuit Court failed
to bring an injunction. Rucker has
announced that he will appeal to the
State Supreme Court, but unless
that body should halt the procedure
the Jurisdiction fight will be lost.
In ruling that the commission has
jurisdiction in the amended petition,
Gilliom took up each point In the mo-
tions to dismiss and examined them
at length. The main contention was
that the subject matter Of the petit
ton was not within the meaning Of a
utilities under Indiana law and there
fore without the commissions juris-
diction; all Of which Gilliom contends
in today's ruling is not well founded.