The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-20
To HEAD IT OFF.
Gas Protective Association
Would Delay the Work.
Look to Legislature for Relief
Measures.
IN NAME OF STATE.
Suits Are Commenced In Su-
preme Court.
NAME OF STATE.
Application for a Restraining
Order Is Made.

To block further construction work
by the Kansas Natural Gas pipe line
company until after the session of
the legislature now seems to be the
plan adopted by the Kansas Gas Pro-
tective association.
Late Monday afternoon quo war
ranto proceedings were commenced in
the supreme court by the attorneys
for the Gas Protective association.
acting under the name of the state,
against the Kansas Gas, Oil, Pipe Line
and Improvement company, and ap-
plication made for a restraining order
to prevent further work by the COM
pany until the hearing of the case.
The court has not yet granted the re-
straining order, but will hear the
arguments on January 2.
If the court gives the Gas Protective
association a restraining order, the
next move will be to Keep the case
from being advanced on the docket
Usually the plaintiff in quo warranto
proceedings is anxious to have the
cause advanced to a speedy hearing;
in the present case the indications are
that it will be exactly reversed, in case
the court grants the restraining order,
and the plaintiffs object will be to
simply keep the restraining order in
effect until after the legislature and
prevent a trial
In the next legislature the big fight
now promises to be between the pipe
line companies and the parties who
are opposed to the piping of gas out
of the state. If the work of con-
structing pipe lines can be "sewed
up" until the legislature has a chance
to act, it is likely that new legislation
affecting the situation will be put on
the statute books. The fight will really
be between corporations, the gas pipe
line companies opposing legislation,
and the big manufactured gas COM
panies in the cities favoring laws
which will prevent the piping of gas.
When corporations become involved in
bitter warfare, there is likely to be
money spent.
The answer day for the quo war
ranto action is December 29, and the
case will be heard January Is. The
application for the restraining order,
however, is to come up January 2. the
first day of the January term of court.
Two actions involving the gas fight
are now pending in the supreme court.
One is a mandamus, to compel Judge
Smelling of the Coffeyville city court to
issue warrants for the arrest of italian
la bOrerS employed by the pine line
another is the quo warranto
suit commenced Monday. Both ac-
tions are brought by the attorneys for
the Gas Protective association.
The important portions of the quo
warranto suit filed Monday are as fol-
lows:
Said defendant has entered on many
Of the duly laid out and Travelled public
of the state of Kansas in the
county of Montgomery in said state and
dug into and obstructed the same and
has laid in and along and across said
public highways it's pipes and mains for
the purpose of transportation of gas
and is continuing to SO enter on and
appropriate and use the public high
ways of the state of Kansas for said
purposes and threatens and gives out
as its immediate purpose and design
to likewise enter on, appropriate and
use the public highways of the county
Of Labette and other counties in said
state.
1.-THE plaintiff further says that the
said company has not appropriated OF
used and does not appropriate or use
said public highways or any of them
Or any portion of them for its said pur-
pose by condemnation of a right of way
for its said pipe lire under the power
Of eminent domain nor under the au-
Lhority or with the permission of any
IF the highway authorities of any of the
townships or road districts in
the state of Kansas but on the contrary
claims to have and possess without any
whatever for the condemna-
lion of 81 right of way for its said pipe
inc and without the authority or per-
mission of any of the highway officials
If said state, the right to enter upon.
lDprOpriate and use the public high
''Said plaintiff further says that the
act of defendant in entering on and ap-
and using the public high
ways of this state is the serious and
frequent and in some instances per-
nanent obstruction of highways while
laid defendant is engaged in it's work OF
aging said pipes or mains. and said
pipes or mains when laid will be dan
yerous to the public travelling said
highways on account of their liability
% leakage of noxious and poisonous
gas. and to explosions of said gas.
Wherefore said plaintiff prays that
aid Kansas Natural Gas, Oil, Pipe
Line and Improvement company de-
endant herein, may be ousted of it's
claimed privilege or franchise of ap-
oropriating and using the public high
ways of the state of Kansas for its pre-
ended corporate purposes, and that in
he meantime, and until the hearing of
his action or proceeding it be restrain
ID and prohibited from it's said use of
he public highways as aforesaid set
orth and charged.
" c. G. COLEMAN.
"WAGGENER, DOSTER & ORR.
MAYOR THOMAS.
"W E. ZIEGLER.