Indianapolis Times, Volume 35, Number 171, Indianapolis, Marion County, 30 November 1923 — Page 17

FRIDAY, NOT. 30, 1923

MAYOR ASKS CITIZENS TO • DIG WELLS Mass Meeting to Organize Public in Fight on New Water Rates to Be Held by Civic Clubs at Chamber of Commerce Tonight, With Mayor Sfftink eeeking to halt enforcement of the antiopen vault ordinance because it would compel citizens to use more water, and the monthly meeting of heads of the Indianapolis Federation of Community Civic Clubs tonight turned into a mass meeting, opposition to the 12 per cent increase in revenue granted the Indianapolis Water Company was being organized.

Shank said he was going to dig a well at his home so he would not have to pay anything to the water company. “I urge other dfzena to do likewise," said Shank. Dr. Herman G. Morgan, city sanitarian, said he would favor abandon lng enforcement of the anti-open vault measure if it is found public health would not be menaced, the mayor said. The ordinance requires every toilet in the city to be connected with sewers within the next few years. Mass Meeting at 8 P. M. The Civic Club meeting will be held at the Chamber of Commerce at 8 p. m President E. Ot Snethen of the Indianapolis Federation of Community Civic Clubs will preside. Sumner Clancy and Clar E. Weir attorneys, who repreV sen ted the civic cluos at th hearing, and Taylor E Gronmger corporation counsel will speak. Mayor Shank will be invited to speak "Tonight we expect to discuss the commissions decision and outline steps for asking a rehearing, which, of course, will be denied.” Snethen said. "We are going to map out our program to include an appeal to the courts after this denial is made. Municipal Ownership? “There has been much talk among delegates of the federation in the past of municipally-owned utilities and it is a certainty that this will receive considerable attention at the meetir.g The case of the Indianapolis Water ' Company. Is typical. Some of our members believe the city should buy the water company’s plant, but we certainly could not buy it at the valuation given it by the public serv- ; ice commission." s “Our federation with a membership of 30.000 citizens and taxpayers of Hi dianapolis will support the corpora tlon counsel in his decision to demand ; the rehearing, and later to carry the case to the courts We will go to the limit with him in fighting for reason able rates.” Clancy in commenting on the case said. “There is so much involved m : this case that strikes doep into pub j lie welfare as might cause it to seem a dereliction of duty to remain si lent.” "The decision seems to be most an•tunate.” said Weir. "Not only betse the public will be compelled to pay increased rates but because of the methods ‘of the’ water company tolerated by the commission There has been complaint in certain quarters because the public has not been in- : dined to-regard the commission as a court and give it respect as such At the very basis f court procedure is the requirement that. deception must not; be practiced upon the court. Here the commission not only permitted deception to be practiced, but apparently j felt Itself bound by the deception which the water company has induced t it to make.” Announcement that he would draw up a petition to be circulated for the signatures of citizens desiring the resignation of Commissioners McCardie, Ratts and Douglas, who in- ! creased the-rates, following the meet-j tng of the Federation of Civic Clubs at the Chamber erf Commerce was made by Shank. "I want to wait and see what they do and cooperate with them,” Mayor Shank said. “Then I will send a petition to the police department, the fire department, every store and business establishment in Indianapolis, and tc every town in the State. We are going to get those three men off the board. Believes In Minority "There Is nothing right about three men deciding a question like that be J fore the public service commission. It j to be unanimous. If Wampler Artman. the other commissioners, <rad agreed with the other three commissioners I would say they were right and I was wrong, tut they didn’t and there Is more reason to believe Wampler and Artman are right as there Is to think they are wrong. “I am going to have plenty to say

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J about this affair when I make a speech *at Kokomo next week. My subject la ‘What Government Is Good Government’ and this Is & good chance to tell what I think is good government,” Council to Fight Support of Taylor E. Gronlnger, corporation counsel. In his fight to set aside the decision probably will be pledged by the city council at Its meeting Monday night, according to John E. King, president. The council even will cooperate to the extent of rendering financial as s,stance, if necessary, King prophesied. Gronlnger will take Initial steps Monday in the filing of a petition for I a rehearmg w.th the commission That this will be demed Is fully an tlc.pated. Gronmger then will carry the case into the State courts, where attempts will be made to have set aside the decision giving the water company increased valuation and rates netting $200,000 additional revenue annually Efforts then will be made to have es tablished rates based on what the plaintiffs in the court appeal believe is a fair valuatlno of company's property. Under the law pertaining to Judicial reviews of commission acts In seventy eight to eighty-seven of the public service acts the petition in court . must be filed within thirty days after ; the commission rules on a petition for rehearing, or wthln sixty days after the entering of the objectionable order. This action must be taken In a Circuit or Superior Court in the county affected by the order, the ; statute says. * ‘ Victory r.ophesled That there will be little difficulty in convincing the court the order is unreasonable is prophesied by Gron inger. Because of the thorough study and exposition made'*of the facts of ! the case in past weeks there will be little outlay for expense of research and further Investigation. The court hearing would be in the nature of an original Investigation In which all witnesses would be exam ined and all evidence in'the case would be exposed In court. New phases o{ the case not Included in khe commls sion’s hearing also could be Intro duced into the court’s activities, un der the law. which states that If this appears to be of sufficient force to bring an order for a reverse of the commission’s decision the evidence shall be transmitted to the commls slon while the court suspends action Should the commission change Its decis.on In the face of the new evl deuce court action would cease permanently. Otherwise the court would issue a decree on the original order of the commission. ‘ Gronlnger will attempt to show that the valuation of $15,260,400 granted in the commission’s order which further

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gives the Water Company Increased rates bringing an additional $2Q0,000 annually in revenue is too h gh; that $12,000,000 Is the very peak of the company’s valuation, including all outlays and additions since 1921. The dissenting opinions of Commissioners Artman and Wampler, who voted against the order, are expected to play a part In Groninger’s actions. Differ on Figures Artman, it Is said, would recognize a liberal figure of valuation, while Wampler would not consider $12,600,000 as less than a fair amount. After a thorough study of the com mission’s order, Gronlnger said today: "It looks to me as if the order is directed at the city of Indianapolis, the Chamber of Commerce and the large Industrial Interests which fought the action, since it is they upon whom the burden will fall. "One clause in the order says that since the water plugs will be closer together,’ there will ~be a great sav lng In fire hose. The city ’never has spent more than $12,000 or $13,000 a year for hose. The expenditure this year was $18,866. I cannot see where there will be any material saving there. "Another section makes changes in fire protection which the public never had an opportunity upon which to have a hearing. One of these says that water for fire protection shall be oharged for on the basis of so much per tnch-foot. According to the order this will mean an Increase expense of SBO,OOO a year to the city. "Another clause provides that the city,must pay for service which for merly ha3 been free. This Includes water used for street flushing and will post the city $24,000. “Both Mr Wampler and Mr. Art man told me they did not have an op portunity to investigate these changes that ehey were inserted in the order at the time the dec:* on was about to be handed down They were not id' thbre wh,le the case was being heard.” Opinions Forthcoming. Both Commissioners Artman and Wampler stated today they would s sue written statements this afternoon or Saturday on their opinions tn the case. Chairman John W McCardle of the commission, defending himself and Commissioners Oscar Ratts and Mau rice Douglass, who signed the order.

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THE INDIANAPOLIS TIMES

against statements by Mayor Shank., Gronlnger and others, said: “The order speaks for itself. There has never been a real valuation on this property until we made It this time. * “There was a tentative estimate made in 1917. The Increases granted the water company subsequently were because the company needed add! tional revenue and the commission based a tentative value on the prop grty using the figures of 1917. “During the war the company was given temporary relief in the time of rising prices, but the commission withheld a valuation until tHe time after the war when conditions became normal. Twelve Per Cent Increase “By withholding a valuation the commission was able to place a lower rate for consumers." McCardle pointed out that the company sought a 23 per cent Increase in gross revenue. “The order calls for a 12 per cent increase." It was learned that before the present order was announced the commission asked W. A. Mclnerny, chief counsel for the water company, what was the least valuation that would satisfy the company and keep it from going to Federal Court, It is understood that Mclnerny replied that $16,000,000 would be sufficient for him to recommend that the company refrain from court action.

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Tunnel Holds Grewsome Find By United Prett VERDUN, Nov. 80.—Bodies of more than 100 German soldiers, postured In lifelike attitudes, were found today In a tunnel tier ween Dead man’s Hill and Beihincourt. They had been caught In a surprise gas attack during the battle of Verdun. N The Germans were bottling mineral water when stricken. The gas must have acted instantaneously, for there they stood today, against the walls of the tunnel, grewsome toilers at one of the less heroic tasks of the World War.

DEARTH FUNERAL TODAY _ t. By tnijrd I‘reta \ MUNCIE, lnd„ Nov. 30.—Funeral services were to be held today/ for Miss Marguerite Dearth, 22, daughter of Judge Clarcnsce W. Dearth of the Delaware County Court. Miss Dearth's body was found in the Ohio fiver Tuesday. It Is believed she took her own life. All business houses were to be closed during the hour of the funeral.

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PITTSBORO HAS HP BLAZE Flames Threaten Entire Business Section, By United P-ess PI! i SBORo. Ind., Nov. 30.—Damage estimated at SIO,OOO was caused by a Are which destroyed the Clarence Soott bakery knd the Haynes & Ellis general store here early today and for a time threatened the entire business section of the town. Tha. fire .started in the bakery shortly after midnight. It spread to the general store next door before bucket brigades could be organized to battle the flames. Calls for help were sent to Danville and Indianapolis, and hundreds of farmers In the country adjoining Pitteboro, hurried to join the bucket brigades, which prevented the fire from reaching the only hotql in town. Origin of the fire Is unknown. Paper was first made from rags in A. D 1000. '

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