The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-05-06
Kansas Natural Gas Company
Wins Two Supreme Court Cases.
Gas Protective Association Can
not Stop Piping Of Gas.
SMELLING rs UPHELD.
COffeyviIle Judge Is Upheld in
Obeying District Court.
Gas Company Can Use Highways
for Laying Its Pipes.

1t was decided by the supreme court
this morning that .the Kansas. Natural
Gas company can build its pipe lines
along the public highways, so long as
It does not obstruct the highways.
Both the quo warranto case to de-
termine the authority of the company
to use the highways, and the man
damus case brought to compel Judge
Smelling OF Coffeyville to issue war
rants for the arrest of laborers en-
gagged in constructing the pipe line,
were decided in favor of the Kansas
Natural Gas company today.
This decision is a hard blow for the
Kansas Gas Protective association, or
ganized for the purpose Of keeping
the gas in the gas counties exclusively
It probably means that they have lost
their fight.
The mandamus suit, according to
the supreme court, asks the court
to compel Judge Smelling to do the
identical thing which Judge Elan
nelly has forbidden him to do" The
supreme court says that there is no
sufficient reason presented for over
turning Judge Flannelly's orders. It
IS a great victory for Judge Flannelly,
who was much abused by the people
of the gas belt for deciding against
his home interests.
The other suit was quo warranto
case which was diStin guiShed for
having in it the names of seventeen
attorneys, which include most of the
profession located in southeastern
Kansas, some in Topeka, and some in
Pennsylvania and other states.
The action was brought by the at
torney general to determine this Ques-
ton: can a corporation engaged in
the business of piping natural gas
use the public highways for the pur-
rff laET3Tcr maintain G
pipes, without that character of legis-
latiye authority called a franchise 2''
The court decided that it can. The
opinion is very brief considering the
talent employed to enlighten the
court. The syllabus reads:
AS against the state, natural gas
company incorporated under the laws
of Kansas for the purpose of trans
porting and distributing natural gas
for fuel, light and power may bury its
pipe line in a public highway where
such use does not Inconvenience en-
danger or obstruct public travel"
The following is the concluding par
agraph of the opinion
THE public highway is maintained
for the transportation of the cOmmod-
tiles Of the country, and the means
emp Oyed for such purpose need only
be such as not to interfere with pub
lie travel to the extent hereinbefore
stated"
Supreme Court Opinions.
The following opinions were handed
down by the supreme court today:
JOHNSTON, c. J.
Adolphus Scott ct al. VS.. the Geiser
Mfg. Co.; error from Lane county on
rehearing. Affirmed.
Deskin D. Day vs., Mabel A. Day;
error from Labette county. Affirmed.
II. o. Bird ct al vs. j. H. Milestone;
error from Franklin county. Affirmed.
Hunter Bros Milling Co. VS.. Kramer
Bros. error from Sumner COUNTY Re-
versed and remanded for further pro-
ceedings.
State of Kansas vs.. Tom Miller; ap-
peal from Cherokee county. Affirmed.
VIM. r. SMITH, J.
ThOs. B. Scaife ct al. VS.. The Scam
mon Investment, etc, association: err
ror from Cherokee county. Affirmed.
Ed Gould ct al. vs.. p. F. Hartwig;
error from Sedgwick county. Affirmed
John Anderson vs.. The A. T & s. F.
E1y. Co. ct al; error from Sumner coun-
ty. Affirmed.
The Order Of United Commercial
Travellers of America VS. Ezekiel
Barnes: error from Wyandotte county
common pleas. Reversed and Temanded
for new trial.
CUNNINGHAM. J.
Louisa Ann Poole VS. N NJ French;
error from Cloud county. Affirmed
Huber Mfg. Co vs.. +. NJ ClaudeI;
error from Smith county Affirmed.
Chaa. N. Stephenson VS.. Terra Cor
der; error from Sumner county. Re
versed and remanded for further pro-
ceedings
State Of Kansas vs.. John Davidson;
appeal from Stafford county. Reversed.
The State Of Kansas VS. John Ne
COWen, guardian, etc; error from
Franklin county. Affirmed.
The State of Kansas ex rel. Mayo
Thomas county attorney, etc, vs.. Geo.