The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-11-04
Maybe Not This Winter, hut
Next Winter, Says Martin.
At Least an Effort Will lie
Made to Get Gas.
please UTILITIES COMMISSION
Kansas Natural Attorney Re-
fuses to Discuss the Case.
Attorney General Dawson De-
lighted With Victory.

Kansas City, Nov 4.-The prop
erty of the Kansas Natural Gas COM
pany is rightly under the Jurisdiction
of the state court receivers appoint
ed by Judge Flannelley in Inde-
pendence Kan, according to a de-
cision handed down today by the
United States circuit court OF appeals
in st. Paul.
A telegram announcing the dec1-
sion was received here today by John
H. Atwood, chief counsel for the state
receivers.
Today's decision of the circuit court
of appeals confirms a decision hand-
cd down bv Judge Marshall June 5,
1913. sitting for Judge John G. Pol
lock in the federal district court In
Kansas City, Kan. 1t gives complete
control of the properties OF the COM
pany to state court receivers TO the
exclusion of receivers appointed by
the federal court. The state receiv-
ers are John Landon and r. NJ.
Litchfield. both of Independence, Kan.
They were appointed by Judge Flan-
Delley February 13 last. The federal
court receivers were appointed by
Judge Pollock about year ago. Con-
troll Of the gas company properties
was sought by the federal receivers
on grounds Of priority of claim and
assertions of interstate nature OF the
business done by the gas company.
"Today's decision leave the federal
receivers completely beaten" Attorney
Atwood said. THE state receivers now
are free to manage the gas property
interference and with chance
of solving its difficulties"
lta1x oh f01
the mandate of the court recorded in
the federal court here and then the
Kansas receivers will be in a position
to spend money for gas and for pipe
line extensions. Mr.. Atwood said. :.
II the weather Is open, Mr.. Atwood
able to make extensions by the first or
January that would give Kansas City
all the gas the pipe lines can carry.
The federal receivers are Conway
+. Holmes, Geo. Sharitt and Eugene
F. Mackey.
The federal receivers will turn over
to the Oklahoma state court receivers,
appointed under the same plan as the
Kansas state receivers, the property
of the company in Oklahoma.
Martin Is Pleased.
Henderson S. Martin, chairman of
the public utilities commission. was
when he ucdIO VI Tic OOSiSAOAA
favoring the Flannelly receivers.
I'VE can at least hope for better
treatment now," said Martin, who first
learned of the decision through tele-
grams received by the State Journal
over the Associated Press wires.
"Of course, the decision at this time
won't help things SO far as relief for
this winter is concerned. In my Opin-
ion, there Is no relief in sight this win
ter But I believe that the Flannelly
receivers will make an honest effort
to get gas and that they will succeed.
YES" said Martin, in answer to a
question, Il think the receivers will
now enter the Oklahoma fields and
get gas from the fields which the fed
eral receivers failed or refused to tap
Martin believes that about so days
would be required to get an added sup
DIV of gas. So there is little hope, he
thinks, of relieving the situation SO
far as the supply for the present sea-
son is concerned.
At the office of Charles Blood Smith
attorney for the Kansas Natural Gas
company, there was no statement as
to the future plans of the gas COM
pany. Samuel Barnum, a member OF
the law firm of Rossington, Smith &
Barnum declined to discuss the de.
cision.
I'VE haven't talked over the decision
at all, and as Mr.. Smith is not pres
ent, I don't care to make a statement
said Barnum when asked as to tn,
next move to be made by the gian,
gas corporation. Barnum said he hat
no idea as to the course the gas com.
pany would pursue in accepting the de.
cieion ousting the federal receivers anc
placing the Flannelly receivers IL
charge Of the business.
George Sharitt. one of the fedora
receivers appointed by Judge Pollock
year ago, is not in the city today
Sharitt has aided in fighting any ordel
which meant the placing Of the Elan
nelly receivers in charge of the ga
company's business and has also op
posed the expenditure of the gas com
pany's funds in extending pipe lines t,
new fields.
History of the Case.
Just two years ago the Kansas Nat
ural Gas company set the machiner
in motion to raise the rates of ga
to the people Of Kansas and wester,
Missouri from 25 to so cents De
thousand feet. A Campaign of edu
cation" had been conducted by tn
gas company, but no formal applica
ton was made to the Kansas publ
utilities commission for leave to rails
the rates. and the law giving the com
was new and its applicability to ga
rates was doubtful, at least to tn
extent that the gas company did nc
intend to submit to the authority q
the public utilities commission unit;