The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-26
Federal Court Endorses All of
His Gas Rulings.
UphOlds Every Action of Re-
ceiver John Nj. Landon.
THE SUIT WILL CONTINUE
Every Effort at Agreement So
Far Has Failed.
Recognizes Right of Receiver
to Make New Rates.

Kansas City. Oct. 26.-The complete
and triumphant vindication of Judge
Thomas J. Flannelly in his judicial
orders. as well as his administration of
the affairs of the Kansas Natural Gas
company in receivership was the out
standing feature of the hearing of the
gas controversy before Judge Wilbur
F. Booth of the federal court Wednes-
day. In an opinion handed down from
the bench Judge Booth sustained
every act and order of Judge Elan
nelly and concurred without reserva-
ton in the details of the management
under Judge Flannelly's receiver, John
NJ. Landon.
The statement came upon the con-
vening of court at 3 o'clock in the aft
ernoon after Intellectual attempts had
been made by the attorneys on both
sides to agree upon a plan of arbitra-
ton to submit to the court The eff
feet of Judge Booths decision was to
refuse all motions to dismiss the case
and discharge the receiver. He re-
tanned full jurisdiction of all the prop
erty and interests in the controversy
and upheld the right of the receiver
to establish new rates for gas under
the order of Judge Flannelly.
Judge Flannelly held that the fran
chises and contracts that had been
made with the Kansas Natural Gas
company were not binding upon the
d receiver. Booth also held that Judge
Flannelly being the court administer
ing the property had the right and
power to make the order and Judge
Booth said he would respect it and
see that others respected it also
The injunction against interference
with the new rates or the action of
Receiver Landon is continued until
final disposition of the case in the fed
taraI court
Suit Will Go On.
1t was evident that Judge Booth was
greatly disa ppointed that an agree
Tneut TO arbitrate the matters in con-
troversy had not been reached. He
was not without hope, however, that
something might yet be done along
this line. and altho he orders the con-
sinuaiton of the suit, he expressed a
desire that the attorneys make fur
Their effort at reaching an agreement.
The attorneys in the conference met
at 9 O'Clock Wednesday morning and
resumed their discussion The prin-
cipal feature of that discussion was a
Statement by w. E. Ziegler, represent
ing the Coffeyville Gas and Fuel com
pany. who expressed the prevaillng
sentiments of cities and distributing
Companies toward the courts sugges-
ton of arbitration by saying that he
was willing to submit all matters OF
controversy and all matters in dispute,
without any qualification or reserva-
ton. Mr. Ziegler, who is the oldest
practitioner at the Montgomery coun-
u bar, took occasion to express him
self in regard to the slanderous utter
ances that have been made against
Judge Flannelly recently.
Tribute to FIannelly.
Mr.. ZiegIer said: in this connec-
ton I want to say that 1 do not feel
Justified in letting go unchallenged
the malicious. unwarranted and mex
cusable accusations which were made
during some of the conferences against
Judge Flannelly, even tho they were
made by parties who have appeared
in these conferences for the first time
now, and who practically are strang-
ers to Judge FlanneAy. The lawyers
of the Montgomery county bar, three
of whom are present here do not pro-
pose to countenance such charges or
% allow them to go uncontradicted.
have practiced law before Judge
Flannelly for fifteen years and, while
have not always agreed with him
nor he with me, from my experience
I know him to be a lawyer and judge
of extraordinary ability and efficiency
And in this entire matter L know that
from the beginning he has acted in
good faith, sincerity and honesty and
with the sole purpose of serving the
best interests in controversy"
Plans for Agreement.
In accordance with instructions the
attorneys for the receiver submitted a
tentative plan of agreement to the
conference 1t contemplated the dis
charge of the receiver at such time
as Judge Booth might designate II
also suggested that the court ascer-
tain the quantity of gas available for
distribution and other factors relatin
70 the supply 1t asked the court tc