The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-08-09
Commissioners Say They'll
Join State in Gas Fight.
Resent Attack on Them for Not
Taking Action.
BUT Topeka HAS NO RECOURSE
SLike Innocent Bystander VINO
Is Shot in Foot"-Mayor.
Until Vulnerable Spot Is Found
City VIII Lay Low.

City officials fairly bristled this fore
noon over attacks made upon them for
failure to jump head foremost into
the gas controversy. Inferred charges
that they were acquiescing In the
proposed steal OF the gas trust ore"
spirited responses from the board
Every member OF the comnission
this morning announced that the Guy
would heartily join the state IN any
action that might bring RELIEF IRON
the order that boosts gas rates 10 oo
cents a thousand for the first TWO
thousand feet of gas consumed eacs
month and IS cents for every tnousanu
thereafter. Any fight, however, must
be handled through the attorney gen.
erals office, it was pointed out
II the state can suggest any action
that has any appearance of offering
relief, all the official machinery of the
city hall stands ready to back up
the movement Mayor House anu
George Hayden. city attorney. an
nounced today. The city, apparently,
however. is absolutely powerless 70
act, despite the personal feelings Oh
| the commissioners
/ Mayors Interview.
| In characteristic style. the mayor
today replied to an attack on MN
published this morning by the paper
| on which he is employed.
| The Topeka Capital has criticiseo
"
city commission for inaction in the
gas matter" says Mr.. House. In an
interview, presumably authentic, given
to the newspapers some days ago.
Governor Capper, while expressing ms
indignation, admitted the inability or
the state to do anything in the matter
Attorney General Brewster, admit
ted one of the best and keenest atfor-
neys In Kansas, has told the news
| papers that the hands OF the author-
tiles are tied and. that so far as he can
see, nothing can be done.
1.-The gas case is in the hands of the
federal courts. No state court has
any jurisdiction in the matter. The
ground upon which to base legal
action. Along with other Kansas
cities, the gas franchises of which
, were riddled by the decision of the
. federal court. Topeka is in the posi-
! ton of the innocent bystander who
has been shot in the foot. 1t has no
recourse. But the intervention of the
federal courts in the case affects every
other city in the state in which a gas
franchise has been issued. That makes
it, primarily, the states business II
! the state can find any basis for legal
action it can rely upon all of the as
sistance the city of Topeka is able to
| give it,
Meanwhile, the mayor and other
members of the city commission de-
cline to make star spangled chumps of
themselves by ranting and raving over
a situation which they are powerless
to change or alter in any way"
City Has No LoophoIe.
Burden imposed on gas consumers
by the increased rates will fall heav-
lest on those persons who because they
must practice economy hold consump-
ton of gas below the 1000 cubic feet
mark" Mr. Hayden pointe dout to-
day. These people. the least able
to stand even the slightest hike In
prices often will not have ADVANTAGE
of the 35 cent rate.
That something should be done for
these people as well as every other
person affected by the advance no
member of the commission questions. -
says Mr.. Hayden. But the PROPOSE
ton of securing relief is another mat
ter. The city has absolutely no loop
hole through which to start action.
The state, through the governor and
attorney general has admitted its help
iessness. Any time anyone can point
out place in the order authorizing
the raise that isn't absolutely air
tight. we're going to be in the midst
of the scrap that results. But until
vulnerable spot is found, we will
Law low