The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-02-01

mains. equipment and systems main
tanned in connection Herewith
Have power to fix the standard of
not less than that prescribed BY law.
to be manufactured distributed or sold
by public utilities. and to prescribe
methods Of regulation of the electric
supply system as to the use for in
eaudeScent lighting and fix the initial
efficiency Of incandescent lamps fur
uished by public utilities and by order
TO require the gas so manufactured
distributed or sold to equal the stand
ard so fixed by it, and to establish the
regulations as to pressure at which gas
shall be delivered; and TO provide meth
DDS for the storing, filtration and dis
triburfon OF water and to Tx a required
standard OF purity thereof Have pow
er to inspect the quality of street rail-
way service and to order improvements
therein
There may be some amendments to
this section before the bill is reported
back to the senate
Senator Brewster objected to the re-
quiremeuts that complaints to be ia
ken up by the commission must be
made by societies, corporations or at
least . individuals.
The bill specifies that the rates
and regulations fixed by the commits
sion are to be considered prima facfe
lawful and reasonable, until they are
4
words, in appeals from the orders of
the commission the burden of proof
IS upon the opponents OF the commits
sion
Mr. GODDARD raised the point that
appeals for court review of the COM
missions orders should be brought in
the counties or districts where the
public utility is located Senator
committee favored that idea and held
that the provisions of the bill would
be so construed
Provides for a Monopoly.
The provisions Of section rs Oc-
casfoned considerable discussion This
section provides that no franchise
shall be granted to any person or cor
poration for a public service company
in any municipality where there is in
operation under an indetermiuate
permit a public utility engaged in a
similar service, unless the commits
sion shall determine that public con-
venieuce and necessity require such
second corporation
That section argued Senator
Brewster, permits the commission to
create d monopoly"
'+Perpetuate q monopoly" inter-
jected Senator GanSe-
LAS a matter of fact said Carey.
this bill deals only with nonOpOIieS.'
Senator Hamilton explained that
this authority was lodged in the com
mission for the purpose Of prevent
ing another company from coming
into a city and "sand-bagging" an ex-
iSting company, either to force it to
sell or to form a combination
Senator Price asked a question. DO
understand. that IL for instance,
the Bell Telephone company was in a
town, the Independent company could
not come into that town unless the
commission determined it was de-
manded by the public convenience
and necessity -
That is my comprehension of the
provision replied Senator Hamilton
In my opinion" said Senator Brew
ster. the commission has no more right
to say that shall not come into Topeka.
for instance, and build a competing
street railway than It has to say can't
build a factory here"
You could not build a street rail-
way here now replied Senator HamiI-
ton. without getting a franchise from
the city council
Senator Hamilton explained that the
provision afforded some protection to
capital already invested. and he con-
sidered this protection is proper and
Just
Mr.. Doran raised objections to sec
ton SO, relating to the power Of NUM-
cipaI councils to determine by contract
or otherwise. the quality of each kind
Of product or service TO be furnished
by any public utility and the terms and
conditions upon which franchise should
be granted to the public service cor
porations. I think this provision takes
the authority out of the hands of the
commission and gives it to the munich
pal authorities and leaves the commits
sion without any authority" declared
Mr. Do-aE-
You are not Directing to the lack of
authority Of the commission. are you2''
asked Senator Hamilton. with smile
Section 95. providing penalty and CIV
ing degree of guilt was declared by Mr.
Myers to be absolutely unfair
81 of
the bill remaining were passed over for
discussion at the afternoon session.