The Topeka state journal., 1905-05-02
HAS DONE ITS BEST.
Kansas Natural Gas Company's Reply
to Custer Suit.


Today the Kansas Natural Gas
company filed in the supreme court its
brief in the quo warranto. or custer
suit. which has been brought by the
Kansas Gas Protective association in
the name of the attorney general. This
is the brief which was largely pre-
pared by Eugene Mackey. the Penn
1ylvania lawyer who has been sent
on here to represent the Pittsburg peo-
pie who are the large stockholders in
the Kansas Natural Gas company
The attorneys whose names appear on
the brief as representatives OF the gas
company are these: T. ]. F'ritcn, >. n.
Piper, @. Z. Benton. c. c. DoOley, j.
x. CubbisOn, John j. Jones, James W.
Lee Cornelius D. Scully and Eugene
Macksy.
On Wednesday most Of these at
torneys will be in Topeka for the pur-
pose of arguing the case before the
supreme court. In addition to the
verbal arguments, the briefs VIII De
presented.
There are two cases pending against
the Kansas Natural Gas company, both
Tor custer. There is a slightly diff
ferent ground for action in each- me
one in which the Mackay brief IS nied
was brought on the ground that the
Kansas Natural Gas company mas no
permit under the Bush law, to trans
act business in the state
Tt is contended in the brief that the
company has done its best to comply
with the law. 1t filed the various
papers required by law. The bneI
goes on to say:
mo evidence was filed or even Of
fered against the company, or Ihe
truth of its several exhibits. The
charter board by a vote of two to one
refused the application. This action
was induced by the presence ana ell
forts of the residents of the gas belt
for the purpose of preventing the de-
v47T
counties wherein the same is found
"The company being in the state
and having its property therein, anu
being unable to sell OF dispose OF me
same was forced to remain and en-
deavOr to market its product to the
people of the state by a system OF
gas pipe lines, which it IS now bulld-
ing"
Not only did the gas company, ac-
cording to its brief, file the necessary
statement of its financial condition, its
officials and plare Of business, but II
rendered the charter fee of $500
The plea to the court is based on
equity: it is claimed that the purposes
of justice demand that the company
should be allowed to do business IN the
state The brief goes on to say:
I'VE submit that this court, admins
tering equitable relief in all forms OF
action, should not permit its judgments
and DEGREES to be used to impOVer1sh the
state and her citizens at large, IN order
to satlSIE the SelIiSn ana dNdLAE4Ou
dreams of the people of the gas belt
a small portion comparatively of the en-
tire state,-and whose sole purpose, as
we have said, is To prevent our gas
mark YOU our gas. not theirs-from be-
ing transported beyond the borders OF
the county wherein it is found. and
which purpose if accomplished will re-
suit in gigantic monopoly to the great
and lasting injury of the remainder OF
the state which both desires and needs
cheap and clean fuel, light and power
such as il is the purpose of this defend
ant company to furnish them.
''It is certainly against the public
policy of this state to cork up in the
gas belt daily production of thous-
and million feet of gas, for to such
enormous quantities has our prOduc-
ton now increased, While the demand
for the same today in that same belt
does not exceed eight million feet.
Both from reasons of public policy, for
the common good of the people of this
state, rich or poor, we ask this court
Of chanceuOrs to consider as done
what should have been done by the
charter board and treat this defendant
company as actually registered and
authorized to do business. dismiss this
demurrer and permit this company to
serve the people at large as it pur-
poses doing with the cheapest and
best fuel known.
Neglected colds make fat graveyards.'
DR. Woods NORWAY Pine SVruD helDs men