The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-08-28
GAS RATE FIXED
fcontinued from Page ONES


ceedings filed against the Kansas pub
lie utilities commission in his court by
the receivers following announcement
of the decision of the commission on
the application of the receivers fo1
the authority to increase gas rates
The commission attacked Judge Elan
nelly's jurisdiction in this proceeding,
filing a demurrer to the petition of
the receivers. The demurrer was
overruled, and attorneys for the com
mission announced their intention to
carry the ruling on the demurrer to
the supreme court. The point having
Deen raised that the commission had
entered a general appearance in the
Injunction proceedings through the
demurrer filed, Judge Flannelly pro-
ceeded to try the case on its merits,
the hearing of the testimony consum-
ing the greater part of three days.
Makes Complete Findings.
In his decision, Judge Flannelly
makes complete findings as to the ne
cessity of increased rates, adopting in
part the conclusions of the utilities
commission as to the increased reve-
nueS needed by the receivers. 1t is
pointed out, though, that the commits
sion in finding that increase in the
rates to 20 cents would provide the
necessary revenues, did so on the
theory that the present rate is 25
cents in Kansas City, Mo, where it is
really 81 cents Other alleged err
rors in the commissions estimates of
revenues are cited
A finding also is made that by rea-
son of the fact that the receivers Sc
cure IS per cent of the gas supply in
Okla homa, transporting it to Kansas
and Missouri and marketing SO per
cent of it in Missouri, the business IS
interstate in it's character and that
the utilities commission is, therefore,
without jurisdiction over the rates. 1t
is found, too, that the order of the
utilities commission as to the rates in
Kansas, which cannot be made effec-
tive because of its provision that 1t
shall not be enforced until a similar
increase is authorized in Missouri, re
ally affords the receivers no relief at
all
Imposes Unreasonable Burden.
A further finding is made that the
order of the commission seeking to
IegaIiZe unreasonabl leakage of gas
by distributing companies in Kansas is
confiscatory and that it imposes an
unrea sonabIe burden on the transpor-
tation of gas interstate into Kansas
CITY. Joplin, and st. Joseph, Mo.
John NJ. Landon, one of the re-
ceivers, stated that work would be
started at once on the new compress
sOr station and that unless unfOre-
seen interferences are met with, the
station should be completed before
January l.
without the new compressor sta
ton we would not be able to provide
an adequate supply, SAID MI LdiluOH.
with it we will be able to give good
service and the action taken by Judge
Flannelly is in the interest of the peo-
pie who must depend on the lines of
the Kansas Natural for gas supply.
If we had been compelled to wait until
the supreme court had passed upon
the demurrer before starting work on
the new compressor station, it would
be late in the winter before the gas
service could be improved. AS it
stands now, we should have an ade-
quate supply available before severe
weather"
John Kinkle, member of the public
utilities commission, was in conference
today with Judge A. e. Helm, counsel
for the commission regarding the is
sues in the case before Judge Elan
nelly. 1t was stated that the question
of Jurisdiction in the interstate COM
merce commission would be discussed.
Final action, however, will not be
taken until next week when all of the
members of the commission are in
Topeka. 1t is probable that the Kan
sas commission will contest any at
tempt on the part of the gas receivers
or Judge Flannelly to remove the gas
controversy from the jurisdiction of
the state commission.