The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-13
GAS CASE TODAY
Arguments Before District
Court on Restraining Order.
Attorney Harvey Says Courts
Have. No Rate Rights.
Il. F. DORIAN ANSWERS HIM
Says Receiver for Corporation
Is Administrative Officer.
Meanwhile Gas Service Will
Not Be Cut OF.

Half a dozen attorneys began argu-
ments at 9 O'Clock this morning. be-
fore both of the district judges OF
Shawnee county, over the appncatloh
for restraining order, flled Satur-
day. to enjoin the local gas company
from charging so cents per thousand
feet for natural SaS.
The hearing is being held in the
Second division with both Judge A
w. Dana and Judge G. H. Wh1tcomo
sitting. The plaintiffs, members or
the Topeka Industrial Council, are
represented by A. M. Harvey and !.
E. Arlington The gas company Is
represented by r F. Doran' Rooert
Stone, Charles Blood smith ana sew
eral others.
The petition filed asks that the Con-
sumerS' Light, Heat and power COM
pany be enjoined from charging o.
cents per Thousand feet for gas: that
it be enioined from charging CENT
penalty for failure to pay the gas Dill
before the tenth of the month ana
that it be enjoined from cutting OIL
meter because of non-payment OF the
50-cent rate.
recited the history of the gas htlgao
ton. His contention is that the oo
cent rate and also the 81 cent o.
were fixed by courts and that courts
have no authority to TX rates ae,ar-
they merely have authority 10 oetei
mine whether Or not given raIe -
COMPENSATORY; that the public u1llltles
commission or the interstate con
merce commission, representing ieeis
Iative bodies, are the only branches ~
the government having rate-flxlns
mowers. He held that the rate cnarseui
bv the local gas company is uniaWLui
because IT was not authorized py the
public utilities commission.
Doran Follows.
He was followed by 7. f. Dordh'
fa1T1 "A
In his statement Mr.. Doran helu
that Consumers Light, Heat & PoWor
company is a part OIL the hdaisoo
Natural Gas company because u 70
contract which makes 1t the agent o.
the Kansas Natural. John M. Lanooii
- receiver for the Kansas Natural,
having been appointed to that position
| both nv Judge Thomas F1annelly,
Kansas district judge, and by the
Judge of the federal district court.
.'The moment a court~appolnts re-
ceiyer for a corporation that receiver
becomes an administrative officer,
said Mr.. Doran, land has authority TO
! administer the affairs of the corpora
ton. as a representative OF the court
In this instance Mr. Landon nad q
right to fix a gas rate ana an Tx II.
"Was it a court order given thru MI.
:. Iandon. the receiver, upon which the
rate was fixed at SO cents per thou
sand feet in Topeka" asked one of the
| judges sitting. ...
NO" admitted Mr.. Doran, cit
wasn't a court order. But here is the
order issued by Receiver Landon to L.
G. Treleaven, receiver for the local
company"
And Mr. Doran produced a letter
written by Receiver Landon to Recefv-
er Treleavsn August 90. instructing
him to fix a price of SO cents per
thousand feet for natural gas in To-
peka.
And I thought all the time that
they surely had a court order for the
new price," chuckled A. M. Harvey to
a bystander.
This" sid the court, appears to
be merely a letter and not a court or
der"
Robert Stone followed Mr.. Doran for
the gas company. Mr.. Harvey will
have another tryout before the court
1t is unlikely that the hearing will be
closed before evening and attorneys
expect the court to take the matter
under advisement
Meanwhile, no gas service will be
cut off because of failure to pay the
bill last Friday-not until T. F. Doran
tells Receiver Treleaven to get busy
| will the wrench.