The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1931-08-12
DEFEAT LOOMS
FOR NATURAL
GAS PETITION
CuthbertSon Indicates He
viii Rule Against
Piping Plan.
CITES COURT DECISIONS
Public Service Commission
Has No Jurisdiction,
He Declares,
BY DANIEL NJ. KIDNEY

BY DANIEL NJ. KIDNEY
Petition Of the Manufacturers
Natural Gas Association to enter
the indianapolis field will be turned
down by the public service commits
sion on jurisdictional grounds, it
appeared as the hearing on the
petition got under way today.
Originally to have been con-
Quoted by John w McCardle, chair
man of the commission, the petit
ton now is in charge of Commits
sioner Harry K. Cuthbertson. Nc
Cardle is i'll and confined to his
home.
Upon converting the hearing this
morning, Cuthbertson stated his po-
sition as opposed to the petition
, on the ground that it does not come
within commission jurisdiction. He
then cited Indiana court decisions
in support of this contention.
His opinion is based on the
grounds that to obtain a permit
from the public service commission
a utility must be ready to serve all
classes of the citizenry desiring
service In this instance the
petitioning company wants only to
serve manufacturers with gas for in
dustrial use.
Viewpoint Is Supported
No attack was made on luris-
diction by opposition attorneys, but
when Cuthbertson expressed this
viewpoint they supported it, The
commissioner is a former lawyer
from Peru.
After some debate ond discussion
the hearing proceeded, with the
commissioner contending that UNI
less otherwise convinced he will rec
ommend the petition be thrown out
on the iurisdictional point
Commissioner Jere West, former
circuit court judge, sat with Cuth-
bertson at the hearing which was
held in the house of representa-
tives. Both are Democratic men,
bers of the commission
Manufacturers and their support
ers appeared to aid the company
and attorneys and officials of the
city, municipal utility district and
Citizens Gas Company appeared in
opposition to the plan.
Miller for Petitioners
Opening statement on behalf of
the petitioners was made by Sam
uel D. Miller, attorney.
First, he had struck from the Pc
tition the 100000 monthly minimum
heat unit service limitation, with
the idea that this would aid in con-
vincing Cuthbertson that the COM
mission does have jurisdiction.
Miller then related the history of
the manufacturers company, which
is the indianapolis and Marion
county subsidiary of the Kentucky
Natural Gas Company
Within ninety days the pipe line
could be brought here to supply
manufacturer with gas at 30 to
as cents cubic foot, he said. The
natural gas runs 1000 B. T. u. per
cubic foot, against $50 for artificial
gas, he declared.
&c Already Signed
Twenty-six manufacturers al
ready have signed contracts for the
natural gas, which would be used
: for heat treating" Miller ex-
planned.
The properties would cost about
$396,000 to construct and could be
taken over by the city at any time
Mt cost plus 10 per cent, minus 2
per cent depreciation, he declared.
The company always will be ready
to abandon the local pipe line and
sell wholesale at the city limits to
the Citizens Gas Company. or the
city when it takes the Citizens COM
pany over, he said.
H. H. Hornbrook. who appeared
for the Citizens company, stated the
position of the company, city and
utility district. 1t is that a combina-
ton of natural and artificial gas
company properties could possibly
be worked out if beneficial to all
the citizens of Indianapolis, but that
the present proposal be rejected.
Cites Company'S History
He cited the history of the local
gas company and the plans made
now to turn it into a municipality
owned plant.
Albert l.. Raab appeared for the
utility district and James Deery
and Edward H Knight for the city
government.
Petitions of organized labor and
Butler Fairview citizens opposing
the plan were presented and the
community club resolutions sup
porting it.
Cuthbertson said all will be ig-
nored in the findings of the COM
mission which must be based on
the law and the facts.
NANCV MIIMC DDIAADV