The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-12
Receiver Also Asked by the
Utilities Commission.
BIG SUM is ASKED
Half Million Dollars in Penal
ties Claimed.
Action Also Commenced in Shaw
nee County Court.

John Marshall, attorney for the
public utilities commission. today
turned the tables on the Kansas Nat
ural Gas company in the fight he is
making against higher rates for gas
Marshall filed a suit of custer against
the Kansas Natural in the supreme
court in the name of the state He
also filed suits against the Topeka
company and a lot of local companies
over the state asking for penalties and
an injunction against their move to
raise the price of gas. The gas COM
panies had secured a change of venue
from the original case brought by Mr..
Marshall in the Shawnee court to the
federal court on the ground that the
state. Today Mr.. Marshall filed all
three of his suits in the supreme
court in the name of the state, using
the name of the attorney general in
all of them
The custer suit against the Kansas
Natural is a saw-tooth document and
makes grave allegations. 1t seeks to
prohibit that company from doing
business in the state Of Kansas and
to collect fines amounting to over half
million dollars for violations of the
antitrust laws of the state
The Topeka pany. the COESum-
ers' Light Heat & Power company, is
made a defendant with the Kansas
Natural in the custer and penalty
SUITS
other subsidiary and connecting
Agas companies with the Kansas Nat
Sral named in the suits are: The Elk
City Gas & Oil company, the American
Gas company of Galena. the Citizens
Light. Heat & Power company of
Lawrence the Leavenworth Light.
Heat & Power company, the Liberty
Gas company, the Olathe Gas COM
pany, the Forest Oil company of Par
sons The petition narrates the fact
that these com mp5nies have com bined
with the Kansas Natural to keep all
other gas companies out of competi-
ton in this state and to control prices
and 20 raise the price of gas at will
to consumers. That agreements and
obligations exist between all these
companies that leave the consumer at
thier mercy for fuel and light, public
necessities
Asks for Receiver.
In the big custer suit against the
Kansas Natural prayer is made to the
court that this company be made to
answer to the state by what warrant
il claims to have to use and enjoy
franchises and liberties to enter into
contracts and arrangements and COM
binationS and trusts, and that said
company be ousted, prohibited and re-
strained from the exercise of it's cor
pOrate privileges And further that
all powers, franchises, liberties and
property OF said company be assumed
BY the state and a receiver by appoint
ed for the purpose of taking posses
sion OF the same under the direction of
the supreme court And that the
property OF said company be sold in
order to satisfy the demands OF the
state and the people aginst the COM
pany. That said company be enjoined
at once from further abuse of its
franchise and from the frauds and
usurpations charged in this petition
In the suit against the Consumers
company of Topeka violation of the
fe- r.T,rl f17n
tract the Consumers company has
with the Kansas Natural is cited as
proof thereof. fine of 500 per day
from April 2 1909 is prayed for
which would be total penalty OF
S97.5OO against the Consumers COM
pany of Topeka This suit against the
local company is also filed in the
Shawnee district court and similar
suits will be filed against all the local
gas companies mentioned in this ar
ticIe The penalty prayed for in each
case is 500 per day The total penal
ties will reach over half million dol
lars
In still another separate suit against
the Consumers company of Topeka a
receiver is asked for the company and
the PRAYER is made that the company
be ousted from doing business in the
state. The contracts and bushes meth
odss of the company are cited as proof
of allegations of violations of the trust
laws of the state The history OF the
company is narrated from It's lncep-
tion in 1905
Fnjoina Increase in Rates.
Still another suit is brought against
the Kansas Natural Gas company ask
ing for an injunction to prevent II
from raising the price of gas to con-
sl1Yners in the towns mentioned. This
netition declares that the big gas COM
many undertook to promulgate the
raise in the price of gas without first
having secured the permission of the
public utilities commission as by law
provided. That for the court to allow
fhia company to so proceed without
first having secured the consent of the
state commission would be to set at
Daught the utilities law recently en-
acted -
,,reroe court by Mr.. Marshall will come
3 q thunder clan to the local gas COM
many and the Kansas Natural. They
bad switched the suit brought by the
commission enjoining them from rails
iDg the price of gas in Topeka from the
district court of Shawnee county to the
If was not a state case Mr.. Marshatt
viii prosecute that case in the federal
courts but he wants also prosecute sim
liar suits against the gas companies
in the state courts under state indict-
rlent or charges
%'The effort of the gas companies 70
Fraise tha price of gas three cents in
To0elxa and other cities fed by the big
nine line has been a boomerang The
gas connpanies did not think it worth
while TO get permission of the utilities
commission to make this raise Now
they are facing an custer suit and pen
atty suit the latter totaiing hair mil
eral court on the local suit. out tney