The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-12
HITS GAS COMPANY.

The claim of the OmpanieS that the
gas is giving out in the local fields 1s
not borne out by the last report filed
by the gas inspector Of Montgomery
county some two years ago, winch then
showed a daily flow in that county alone
of more than a billion feet daily. The
Haworth gas report of recent date show
ed only few million feet flow for that
period, but the county gas inspector re-
port is authentic and reliable and shows
that HaWorth must have been imposed
Mr.. MarshaIPs Statement.
Commenting upon the suits he filed
today, Mr.. Marshall, attorney for the
utilities commission, said:
John S. Dawson, attorney general,
and myself have Joined in suits to GUST
the Kansas Natural Gas company and
the Consumers Light, Heat and Power
company from doing business In KAN
saS, and to collect from the Kansas
Natural Gas company and it's aSsoct-
ted companies over half million dol
lars, penalties for violating the anti
trust laws of the state.
Another suit to enjoin the Kansas
Natural Gas company from raising the
price of gas in Kansas has been filed.
1.-THE suits to GUST the Kansas Nat
ural Gas company and the Consum-
ers' Light, Heat and Power company
from doing business in the state was
filed in the supreme court this morn
ing.
THE petition against the Kansas
Natural Gas company alleges that it
has entered into contracts with vari-
Gus distributing companies to prevent
comp etition in the transportation, sale
and distribution of gas, and to control
the price thereof.
The petition against the Consumers
Light, Heat and Power company al
leges that it has entered into a similar
contract with the Kansas Natural Gas
company. This kind of a contract is
in violation of the antitrust laws of
the state For making such a contract,
each corporation entering into it can
be ousted from dong business in the
state, and after Judgment of custer,
a receiver can be appointed for it's pro-
perty. and its affairs be closed up.
1.-The petition asks that each of these
gas companies be Ousted from doing
business in the state; that the property
of each company be disposed of subject
to the order of the supreme court.
1.-The petitions in these cases also ask
that while the action in pending, each
company be restrained from violating
the laws of the state. and that If the
companies persist In violating the law
a receiver be forthwith appointed to
take possession of all the company'S
property and hold the same subject TO
the order of the supreme court.
"Other suits have been commenced
in the district courts of Crawford,
Cherokee, Montgomery, Johnson,
Douglas, Shawnee and Leavenworth to
recover the sum of $97 800 in each
county for penalties incurred in V1O-
lating the antitrust laws. These suits
are against the Kansas Natural Gas
company and the distributing COM
pany operating with the Kansas Nat
ura1 Gas company in each of the sew
era1 counties named.
1.-THE suit to enjoin the Kansas Nat
Cral Gas company from increasing the
price of gas to the distributing com
parieS and to the consumers of gas in
Kansas was filed in the district court
of Shawnee county. In this action a
restraining order was granted, re-
straining the Kansas Natural Gas COM
pany from increasing the price of nat
ural gas to the consumers thereof, in
the state and from collecting a greater
price for natural gas than was being
collected on the first day of January,
1911"
Suit Commenced Here.
Suit against the Kansas Natural Gas
company and the Consumers Heat, Light
& Power company, was filed in the dis
trict court today by John w Dawson,
judgment for $500 In addition to attor-
ney's fees and costs for violation of the
antitrust law in the operation of the
company under its franchise to supply
gas to Topeka and Oakland. second
suit filed by Dawson against the Kan
sas Natural Gas company asks for an
Injunction against the company for any
contemplated increases in rates to local
companies or direct to consumers
In the action for damages, Dawson al
leges the execution of an Illegal contract
between the two defendants which Is de-
clared to have been the basis of local
gas trust in restraint of trade and honest
competition. For every day since April
2 1909, when the Consumers Heat, Light
& Power company first began supplying
gas in Topeka and Oakland, the state
asks judgment for 800. Dawson also de-
mands a Just and liberal attorneys fee in
the case and judgment for costs
The second action is similar to series
I sv--+ tod f<,fn n n
Kansas counties, wherein the Kansas
Natural Gas company holds local fran
chises, or supplies gas to local COMPANIES s
contemplates the early increase IN rates
to both retailer and consumer and de-
mands an injunction against the Kansas
Natural Judge Whitcomb Immediately
issued a restraining order In TINS case
which will apply to the Consumers Heat
Light e. Power company, doing business
| in Shawnee county.
This action on the part of Dawson is
vastly different from the recent injunc-
ton proceedings brought against the local
| connpany bv the utilities commission. In
, that case the commission merely sought
| to reach the trouble in Shawnee county
interfere in this matter and removal
was granted to the federal courts The
| series of cases filed today by Dawson
aims at all the gas ills and complaints IN
the state and the application for an IN
junction the new case becomes sweeping
in its effect.
| In his suit for damages, Dawson
charges that on January 8, 1906 the Kan
| sas Natural Gas company entered into a
| contract with Joseph ]. Helm and Arnolu
| KaIman for certain gas rights and privi-
| leges. On October 3. 1906, Helm and Kali
| man transferred their rights to the Con-
| sumers' company and that the complna-
| tion of interests existing at the time gas
! has been furnished to Topeka and Oak
| land has been in restriction of trade ana
| conpetition For this reason, Dawson on
| the part Of the state, demands the pay
ment Of the maximum penalty for the al
! legged illegal acts.
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