The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1926-12-07
MOTION TO DISMISS
MEMORANDUM IN BEHALF OF
INDIANAPOLIS CHAMBER OF COM
MERGE


The Indianapolis Chamber OF Commerce
ON leave duly granted by the commission
now appears to the above entitled peti-
To said cause and respectfully moves the
commission TO dismiss said petition. upon
the Iollowing grounds, to-wit;
- FIRST. That the petitioner. Indianapolis
Power and Light Company is not a public
utility as defined IN, Section l of the Shlvee
ly-Spencer Utility Commission Act in this:
that said petitioner has not applied for or
procured any license, permit or franchise
plant or equipment OF any public Utilityy,
and consequently this commission is with.
OUT ,l4Eisdieitilon authority or, power TO
,ns sGso9 Bdwe That 6SS t9s tDetone5 Indian
public utility qualified 10 purchase. own STi
ana operate the property and equipment
Of the other two petitioners located in In.
70 acquire such property. for the reason
that it has not procured a certificate OF
aqired in Section OF of said Utility Com me-
MISSION Act and consequently this COM
po%ep 10 mas asa6 no 9rsdettion authority or
ders prayed for in the petition.
.. Third That, as shoYn by the petition
tended between the petitiontng companies
tIon IN Fa1t; mergeS uni2n and conSolidG;
result in physcai ioinder and W MhifioaT65ni
OF the properties and the operation OF the
same n3aso as uni ana consequently the coF
or power 80 grant the relief prayed for,
or approve the plan and method set forth
petitioners. Indianapolis Light and Heat
Company and Merchants Heat and Light
Company, have not entered into any con
tract with each other providing for such
mercer me- and have AYE not proposed TO limit
fnrn,eG py Ky OF m the
the sum of their capital stocks plus any
SSddltional sum actually paid IN, cash, and
have not I'm any respect followed the statu-
tory procedure authorizing e. merger, uni
hcatlon or consolidation OF two public
utilities, as prescribed IN Sections 98 and
10 p of said Utilities Commission Act as
:. Fourth. That as shown by the petit
Power and Light Company. proposes TO
purchase the entire properties. assets and
stead of purchasing and acquiring only the
used and useful prvperty, plant or bust
ness ness of such utilities; and consequently
authority or power to grant the relief
prayed dtyn, for or aapproye the plan and
reason that the procedure adopted by the
951a OF said Utilities Commission Act as
Fifth. That. as shown by the aver.
m nsIts Of the petition. the purposes for
toner. Indianapolis Power and Light Com
pany, are TO be Issued. include the pay
ment of debts. liabilities and obligations
Heat Company and Merchants Heat and
working capital for the petitioner indian.
apolis Power and Light Company: and
consequently this commission is without
Jurisdiction, authority or power to au.
thorize the issue of such securities for
the reason that said purposes are not in
cluded in, but are NJ violation of. the pro
visions of Sections 8S. 80. 90 and Oh of
said Utilities Commission Act
wherefore. your intervenor respectfully
prays, that the petition herein be dismissed
and that no further proceedings be had or
taken in the above entitled cause
INDIANAPOLIS CHAMBER OF COM.
MERGE.
By FREDERICK e. MATSON.
MATSON. CARTER. ROSS & McCORD.
Its attorneys
MEMORANDUM
:, First; The first step in bringing a pub
lie utility into existence is to incorporate
the company under a proper statute. with