The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-10-19
Declares Gas at Old Rate Is
Out of the Question.
HIGGINS MAKES WARM SPEECH
SAYS Commission Cannot Set
Aside Present Contracts.
Topeka Company Files Plea for
Gas at Any Price.


the Kansas Oklahoma gas supply for
commercial use. The Kansas Natural
is compelled to buy fifty per cent of
its supply. This gas cannot be bought
and sold at the present prices. That
was the sorrow song of the Kansas
Natural receivers today in their app1t-
cation for 81 cent rate.
| Against the arguments of the gas
company receivers are the claims of
lawyers that the Kansas Natural has
entered into rate contracts that car
not be set aside by the commission.
That is not all. Headed by the Con-
sumers' Light. Heat and Power COM
pany of Topeka, the distributing com
; panies are demanding that the Kansas
| Natural be compelled to furnish an
| adequate supply Rates, the commits
sion was told, are not a matter of Seri-
Gus concern.
Nearly a dozen lawyers in the first
and second trenches opened fire on
| the utilities commission from a dozen
angles today in the dispute over gas
rates. The supreme. court decision to
the effect that compensatory rates
must be allowed, was Haunted in the
this statement r. ]. Higgins of Kan
sas City argued that contracts for gas
at stipulated prices must be upheld
and that the matter of compens2 ton
under these agreements in the form of
municipal ordinances could not he
considered
1t was a lively opening day in the
Evidences of feeling. All of which
promised that the hearing would not
drag and would not be void of color
and action.
Won't open F1annelly Case.
The commission flatly refused the
offer of Chester I. Long to present the
evidence taken before Judge Flannelly
Long dignifiedly admitted he didn't
relish such action and offered to drag
out the hearing for a. week or two by
bringing the witnesses to Topeka in
person. Then T. F. Doran of Topeka
told the troubles of the local gas COM
pany and other complaints were aired
. C. NJ. Robinson, a Kansas Natural
scout" discussed under oath condI-
tions in the Oklahoma fields. He said
that millions of cubic feet of gas were
being used daily by large industries
and that the Kansas Natural could not
said, used 81 million cubic feet of gas
a day in it's boilers. The HCgshooter,
Nowata and Vanderpoo1 fields were
exhausted, he testified. OF the re-
naming supply, heavy drains were
being made by smelters. glass plants,
brick and cement plants and other in
dustries.
A report prepared by A. Helbert was
offered by the gas receivers. This re-
port bore out the Robinson testimony.
Higgins Makes Remarks.
These conditions didn't feaze r. J.
Higgins, counselor for Kansas City,
Kansas. He waded right into the
proposition and urged that if the gas
company really had any rights no one
was bound to respect them-or words
much to that effect.
1.-The gas company is under contract
to supply gas for heating, no matter
or not" Higgins told the commission.
''They cannot be confiscatory when
made by contract and the courts have
so held. If you increase the price to
ieye-5<0 talz
unto itself the power to repeal ordi-
nances throughout the state
Stone Was Peeved.
This statement peeved Robert Stone,
representing the receivers.
you contend that an ordinance is
a contract" asked Stone.
Higgins did. Finally Higgins said
that the Wyandotte county situation
was regulated by ordinance. while in
Topeka there was no governing ordi-
nance.
Judge Foley of the utilities commits
sion at this point indicated that the
commission held some we'll defined
ideas and that Higgins might save
some of his argument until near the
close of the case. But Higgins said the
last word.
Old Rate High Enough.
'The present gas rate brings a rev.
enue, according to Mr.. Lansdon, of
about twenty per cent" urged HiG-
gins. IT think this commission was
wrong in making a rate of % cents.
That rate should be wiped out and a
25 cent rate made. The present rate
makes 20 per cent On the investment
enough for even a gas company"
Just when every one thought that
the first round of thestattle was over,
T. F. Doran of Topeka broke into the
game. Doran is attorney for the To-
peka gas company. He also has some
positive ideas about the gas case and
wants to discuss them before the pres
ent controversy is concluded.
I'VE want to offer evidence that
we are not getting enough money to
pay our bond ISSUE" Doran said in be-
half of the Consumers Light, Heat
and Power company. I'VE must have
gas. We don't care what the rate IS
if there is no gas.
Doran looked right at Chester l.
Long when re said it and Long
smiled
Don't Neglect the Child.
1--WE don't want this commission to
neglect the child merely because the
is essential that the Kansas Natural
furnish enough gas We don't care
so much about the rate as we do about
the gas Gas at 81 cents won't bring
a return if used only for lighting and
cooking. If there is a thirty cent
rate and enough gas, we may pay a
dividend
The hearing will probably continue
throughout the week. A number of
cerning the gas supply and conditions
in the Ka as-Ok1ahema fielCs-
Following the testimony of the gas
company, several distributing COM
paries and representatix es of cities af-
fected by a commission order may Of