The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-02-18
The GAS PETITION
Attorney Generals Plea Filed
With Judge Pollock.
Asks Federal Receivers Be Set
Aside.


for the Kansas Natural Gas company,
appointed by Judge John Pollock Octo-
Der 3, 1872, was today presented to
Judge Pollock in the United States
district court by Attorney John At
wood, acting for John S. Dawson. at
torney general of Kansas, and the two
receivers for the Kansas Natural Gas
company appointed by Judge T. J.
Flannelly, of the Montgomery county
district court last Saturday. The Pc
tition recites that the states action to
dissolve the company was begun prior
to the application by bondholders for
federal receivers and asks Judge Pol
lock to turn over the property of the
Kansas Natural to the Montgomery
county receivers.
The petition recites how on January
5, 1912, the state of Kansas brought an
against the Independence Gas company
and the Consolidated Gas. Oil and Man
ufacturing company and the Kansas
Natural Gas company, charging these
corporations with misuse, perverSion
and abuse of their corporate privileges
and with having contrived and engaged
in an illegal combination in restraint
of trade in violation of the antitrust
laws of the state of Kansas and of the
national antitrust laws. How the de-
PENDANTS filed demurrerS on February
II, 1912, which were overruled by the
court: and how later general denials
to all the allegations of the petition
were filed by each of the defendants
and how Judge Flannelly after careful
consideration of the case February Is
held that evidence introduced sustained
all the material allegations of the
plaintiffs petition, declared the Kansas
Natural Gas company an illegal COM
bination in restraint of trade and ap-
pointed two of the petitioners, John
N Landon and R. S. Litchfield, as re-
ceivers.
These receivers now appear before
this honorable court says the petition
lin obedience to the order of the dis
trict court of Montgomery county,
Kansas, which is in part as follows:
The relationship of these companies
to the public is such that a complete
Judgment of dissolution and custer
would punish the public rather than the
offending companies. A dissolution OF
the Consolidated Gas, Oil and Manu-
featuring company is not aoVlsaple nor
would a complete custer of the Kansas
Natural Gas company be advisable, so
that the court will take charge of all
the gas business for the Consolidated
company and all the business or the
Kansas Natural Gas company, by It's
receivers and manage the corporation
property and business protecting an gas
consumers and the public until the
abuses are fully corrected.
land here is presented question OF
conflicting Jurisdiction. 1t is brought
to the attention of this court IN tne
argument on Feb. 8, 1913, that receivers
have been appointed for all the prop
erty of the Kansas Natural Gas COM
pany in the federal court for the us
trict of Kansas and that such receivers
are now in charge
This court cannot en1o1n the re-
delivers of the federal court or render
anv effective judgments because the
Kansas Natural Gas company is not IN
the possession of the property-ln
word, this court is poweriess 70 go
cute its DEGREES hereon- The receivers
herein appointed will be directed IN
with the attorney genera
of the state to appear in the Ieoerai
court urge the prior JurlSdlctlon OF
this court and the right of the state
of Kansas herein and petition the olS-
charge of the receivers appointed at
the instance of the bondholders ana
pray a delivery of the property TO the
receivers appointed by this court
'In obedience to the order or the
Montgomery county district court as
above, and having disclosed to TINS
court facts and circumstances Wh1ch IL
made known to this court at the time
of the application for the appointment
of the receivers in this cause was maze
to this court would have caused this
court to refuse such application and
which demonstrates the prior jurisdic
ton of the district court of Mont
gomery county, Kansas, and the pres
ent right of said last named court to
alone exercise dominion over the
referred to, these petition
ers respectfully show that the state of
Kansas is without adequate power to
enforce its laws and vindicate its Of
Tended authority, and that the district |
court of Montgomery county is pow |
erIess to enforce it's judgment because
the property of the Kansas Natural
Gas company is now in the control of
this honorable court through it's re-
ceivers heretofore appointed and these |
petitioners respectfully petition the |
discharge of the receivers of this |
court and pray a delivery of the prop |
erty of the Kansas Natural Gas COM
pany to the receivers of the Mont
county, Kansas, district |
court
Judge Pollock set next Monday for
arguments.
WIDOW WANTS HALF HIS ESTATE. |