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(Before the Earl of Strathmore,
This Order was promoted by the Edinburgh and Leith Gas Commissioners. Its principal objects were (1) to get an extension of time for completion of certain works authorised by Parliament in 1898; (2) to get power to borrow money to redeem certain annuities due by the Gas Commission to their predecessors, the Edinburgh and Leith Gas Companies; (3) to establish a superannuation fund for their officials; (4) to extend the limits of their supply area; and (5) to reduce the statutory minimum
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candle power of the gas supplied by them from 20 candle power, as fixed in 1888, to 14 candle power. The expediency of reducing the minimum candle power, as thus proposed, was urged by the Gas Commissioners on the ground that it would be cheaper for the consumer, and could be supplied with less loss in transit, and at the same time was better adapted to modern conditions of lighting by incandescent mantle, and of heating, cooking, and production of power. This part of the Order was however opposed by the Corporation of Edinburgh, who denied the advantages claimed for the lower grade gas, and particularly urged the claims to consideration of the large body of consumers who still used flat flamed burners or had their houses fitted with pipes of a small diameter. They submitted that if the candle power was reduced as proposed, the official testing places should in future be at the City Chambers, Edinburgh, and the Municipal Buildings, Leith, or at any-rate at places appointed by them, and not as heretofore at the Gas Works or such other place as the Gas Commissioners should determine, as provided by the Act of 1888.
They further objected to the proposal in the Order that in making tests of the gas, under their statutory powers, the Corporation should be bound to take an average of the results obtained at various times, and to the proposed change of the standard testing burner from the present statutory union jet to the Argand No. 2. The objectors stated that they were willing to accept a minimum of 16 candle power tested by the union jet burner, or 20 candle power tested by the Argand No. 2, either of which they calculated would give the same grade of gas, provided that the tests were made at the City Chambers.
After evidence had been led, the Commission found the preamble proved, subject to an additional daily test at the City Chambers and at Leith Municipal Buildings, and clauses were subsequently adjusted.
Counsel for the Promoters—The Dean of Faculty ( Campbell, K.C.)— Duncan Millar. Agent— James M. Jack, S.S.C.
Counsel for the Corporation of Edinburgh— Cooper, K.C.— J. W. Forbes. Agent— Thomas Hunter, W.S., Town Clerk.