The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-23
Mr.. PORTER'S GAS BILL
VIII Permit Cities t. Vote Bonds to
Build Pipe Lines.

Under the provisions OF the bill in
troduced in the senate by Senator
Porter, from Montgomery. the cities
of Kansas will be authorized to vote
bonds for the purpose of going into
the natural gas and oil business.
Senator Porter's bill, if it becomes a
law, will authorize the cities of Kan
sas, of any class. to issue bonds not
to exceed 20 per cent of the assessed
valuation of the city, and not to be
sold at less than h face value, to
run 20 years and not to draw more
than 5 per cent interest, to use for
prospecting for gas.
The bill would allow cities to come
into competition with local gas COM
panies and to force them to sell out,
cut rates or do as the cities might die
tate, for the bill provides for cities
going into the gas business on a
wholesale plan and to supply gas for
domestic or manufacturing
1t such rates'as the mayor and council
may agree upon
The bill provides that aid cities are
hereby authorized to purchase a
wells and gas rights in lands. Said
cities are hereby also granted the
right to use the power of eminent
domain, to enable them to condemn
at any place not within five miles of
the limits of any other city, any
natural gas, natural gas well or wells,
and right to produce natural gas upon
lands, and rights of way for pipe ines
for transporting natural gas from said
wells or said lands to said cities. Pro-
vided, that the right of condemnation
thus granted shall not be available to
condemn natural gas rights or natural
gas, wells, or lands, owned or used by
any city, or owned and being used by
any individual. partnership, manufac-
turing corporation, or other person,
for his its or their use for manufac-
turing or power imposes, within the
state nf KanCaS at tho ff-1n oAr-nTzZ
ers are appointed in condemnation
proceedings as hereinafter provided.
Upon h adoption of a resolution by
the mayor and council of any of said
condemnation and appropriation of
n natural gas, a we'll or wells. or
OF any right to produce natural gas
upon lands. and rights of way, as
herein provided, the mayor of said
city shall forthwith make application
in writing to the board of commissions
ers of the county In which said city
may be located, or to the probate
judge of said county, reciting the ac-
ton of said mayor and council, and
praying for the appointment of three
ho~useholders, who shall be tax payers,
and having qualifications of electors,
none Of whom shall be residents of
said city, nor owners of property
therein, TO appraise the value of such
well or wells, or such natural gas. or
right to produce gas, or lands for
rights Of way, and make report in
writing OF their action in the premises
in triplicate, one copy whereof shall
be filed with the city clerk of said
city. a second with the county clerk of
said county, and a third with the reg
ister Of deeds of said county.
THE appointment of said apprais-
SHAH be i nwriting, signed by the
chairman of the board of county com
m1ssionerS. and under the seal of the
county clerk; or signec oy the pro-
bate judge, and under the seal of his
office; and said appraisers shall take
n subscribe an oath to honestly and
faithfully discharge their duties as APP
praisers, which oath sail be filed in
the Office of the county clerk of said
county AL rroceedfhgs Of said APP
praisers, ave as h~creinbefOre stated,
shall be as is now provided by law in
the case of the condemnation of lands
railroad purposes. ana the right of
appeal from any award OF damages by
said appraisers by any person feeling
himself aggrieved by their action. and
the procedure therein. shall be in all
respects the same as is now provided
for appeals from the award of COM
to condemn rights of way
for railroads; and said city shall have
the right of possession of any property
condemned and appraised under this
act, Notwithstanding any appeal, and
upon the terms and conditions pre-
scribed by law as to railroads in pro-
ceedings to condemn rights OF way.
THE purchase or condemnation by
any city of any gas, gas well or wells,
or the right to produce gas upon any
shall carry with it and include
as Incidental thereto any oil that may
be found in any we'll or wells. and in
the event that oil shall be developed
or produced therein, the city owning
well or wells SHAH nave the right
to dispose of the same. or the oil pro-
duced therefrom, in such manne and
such terms and conditions as the
mayor and council of said city may by
resolution determine"
Under the provisions of Senator Por-
ter's bill cities would be empowered
to lay pipe lines. and as the bill pro-
vides ''or buy them" and thereby
in competition with the local gas
companies or force them to sell out to