The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-02-15
A GAS DECISION
One by Judge FlanneIly Today
Is Important.
Kansas Natural Is Declared a
Trust.
CANNOT RAISE The PRICE
Montgomery County Decision
DissoIves Companies.
Dawson Wins Suit to Get State
Court Receivers.

| Word is received at the Office of
John Dawson, attorney general. this
| afternoon that the Kansas Natural
Gas company and two subsidiary COM
panleS have been declared a trust in
the district court of Judge T. ]. Elan
nelly at Independence Attorney Cen
eral Dawson is in Independence this
afternoon. The gas warranto proceed
ings were brought by the Kansas at
torney. Furthermore the Kansas Nat
ural Gas company and distributing
companies have been restrained from
raising the rates on gas in this state.
Judge F'lannelly has appointed receiv-
erS for the company under the decls-
ion that the Independence court has
jurisdiction over the federal court of
Judge Pollock on the grounds that the
district court action was pending long
before the federal court appointed its
receivers.
This means that application will be
made at once asking that the property
of the Kansas Natural company be
! turned over to the receivers OF the dis
trict court and taken away from the
receivers of Judge Pollock's court.
Prior jurisdiction on the part of Judge
Flannelly's court is the contention.
If the federal court refuses to re-
lease the property it is predicted in
Topeka today that the case will go
before the United States supreme court
for settlement. However, it is not an
ticipated that Judge Pollock will at
tempt to hold on to the troublesome
property as long as another court is
anxious to take over the responsible
ity.
The district court at Independence
has appointed the following named
receivers.
For the Kansas Natural company:
J. NJ. Landon, A. S. Richfield.
For the Consolidated Gas company:
George
Under the order today the court has
dissolved the two com panies has en-
joined them from advancing the rates,
either of the charge to the diStribut-
ing companies or the charge of the
distributing companies to the consum-
erS. They are also restrained from
shutting off the gas, everybody con-
cerned has been ordered into court,
general will apply Immediately to
Judge Pollock for surrender of the
Kansas Natural properties and for
stay of proceedings in federal court.
1t will be remembered that last win
ter cases of similar nature were
brought in several counties in the
state. All of them with the exception
of the Independence case were dis
missed at the expense OF the defen-
dant Since that time John Dawson,
attorney general, has been working
on the Independence suit.
This case goes to the very heart of
the trouble. 1t claims that the Kan
SaS Natural company and the ConSoii-
dated Gas company is a trust in re-
Straint of trade.
1t was because of the tendency of
this suit searching the corporate
structure of the Kansas Natural com
pany to it's very foundation that Attor-
ney General Dawson has held strictly
aloof from the proceeding before
Judge Pollock and the public utilities
commission. It was Mr.. Dawson's
i'll hot fbn NTnr too .1nII m *
court would inevitably draw to itself
the entire gas controversy and that
the voluntary or friendly receivership
in the federal court would not avail
the gas company to escape the juris-
diction of the Kansas court nor to es-
cape the consequences of that suit.