The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-24
The GAS HEARING
New Utilities Commission
Hears First Case.
Both Sides Make Statements
Will Last for Days.

| The new utilities commission, meet
ing for the first time this morning,
began the investigation of the natural
gas case pending before it. and Will
attempt to secure evidence on when
to base rates to be charged by the
Kansas Natural to the distributing
companies, and also to recommend
rates to be charged to the ultimate
consumers.
Two members of the commission
had been appointed heretofore, IN
Guiding Henderson S. Martin OF Ma
rion and Myer Hurley of Kansas Guy
The last man to be appointed, whose
appointment was confirmed by the
senate this morning, is John M. kln-
KEEL of Hutchinson, Republican mem
Der of the board. The new commls-
sion at its first meeting races one o,
the biggest problems ever presented
to the commission, and one Whlcn
bids fair to take an immense amount
of time and work to complete In
fact it was suggested this morning.
that several readjustments may be
found to be necessary after the COM
mission fixes the various rates-pro-
vided it is ascertained that 1t mas the
power to do SO, which is now oelhs
denied
II want this commission to establish
a rate at which the Kansas Natural
is to supply the distributing cofnpan-
les" Attorney John Marshali toid the
commission at the opening of the
hearing today And then L want the
commission to fix rates in every IN
stance where distributing companies
come under its jurisdiction, ana 10
recommend rates for other companies
not under it's direct jurisdiction.
Speaking for the Kansas Natural
and the receivers for the gas COM
pany appointed by Judge John ::
Pollock Attorney John J. Jones OF
Chanute told the commission he de-
MED the authority of the body 10 m
terfere in any way with the rates
fixed by the federal court, declaring
that the commission lost its author
ity when the federal court TOOK chdi &c
of the concern.
NV position is he said, that this
commission is powerless, the Kansas
Natural being in the hands OF another
jurisdiction over Whlch inns coihihiS-
sion has no control.
Replying to an argument by Attor
ney Marshall that the court might SET
aside a rate if found to be improper,
but that it had no rlght TO TX a i@ 49,
Mr.. Jones declared he believed in the
present instance the court acted WISE
ly in fixing a rate.
.NThe proper procedure would nave
been to stop the sale of gas When the
matter first came up" he said. but
on account of the great public inter
est in the matter the court thought II
best to permit the receivers 10 con,
tinue the sale, fixing a rate that WouIu
pay the going expenses OF the con
Germ.
Mr. ZONES declared he feels SO sure
that he will be able to show the COM
mission that the increase made is nee
essary that he is willing to do anything
in his, power to aid the commission
in aseertaining the facts necessary
and will furnish any possible 1ntofina-
ton wanted relating to expenses, elc''
of the concern.
Various interests represented lh:iuu-
ing the distributing companies ana the
cities affected told the commission
thew were in sympathy with the state
in its effort to secure an equllapie
rate. Mr. Jones' on the other hano'
declared he was not at all antasonis-
tic. but that he did not believe the
commission has any power TO inter-
fere Mr.. Marshall said he was !usl
as sure that the commission has orlgl-
nal Jurisdiction and that it has power
to fix such rates as it may see Mt 10
fix.
1t is expected that the present near
ing will occupy the time OF the com
mission until Monday night. and that
an adjournment to secure addltloIai
facts relative to the cost OF operdtioi
etc will have to be taken. IN the
meantime application will be madc 70
the federal court to hold the malteI
of the increase in allegiance until the
commission is able to secure all the
facts if REQUIRES on which to TX rates