The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-07-05
Kan. Commission Permanently
EniOined in Gas Case.
Laws Giving Board Control
Held Unconstitutional
BOOTH KEEPS RATE POWER
BristOw Body Spent Thousands
of Dollars in Fight.
Chairman's Action Is Expen-
SiVe to State Consumers.

Kansas City, July 5.-A final de-
cree in the federal court litigation
concerning the Kansas Natural Gas
Company was filed by Judge Wilbur
Booth at Kansas City, Kan, today.
The decree makes permanent an in
junction restraining the Kansas pub
lie utilities commission from enforc-
ing a % cent rate in that state.
1t also takes control of the company
from the commission, decreeing that
the company is engaged in interstate
commerce. The ascent rate fixed by
the commission was characterized as
being 'unreasonably low
The decree, which is lengthy. also
| sets forth that certain Kansas laws
giving control of the company to the
commission are INSTRUCTED and there
fore unconstitutional. Judge Booth
reserved to his court jurisdiction over
contracts existing between the COM
pany and its distributors.
Court Has Rate Power.
Likewise, the decree claimed rate
making power for the federal court,
adding that all rate controversies
must come into it. The decision was
characterized by H. o. Castor, attor-
ney for the Kansas utilities commits
sion, as permitting the company to
fix any rates it desired, subject to re-
view by the federal court. A bend of
$75O.0OO given by the company with
which to guarantee return of excess
rates if the decision should have been
against il, was ordered released.
Judge Booths opinion was received
in Topeka several weeks ago. En-
trance of the final decree was not
made until today, however. This ac-
ton is the final farewell of the Kan
sas state utilities commission to the
gas case. The federal court ruling
disposes of the ascent rate which
Chairman Bristow decreed in Decem-
Der, 1915. 1t holds this rate unreason-
able and confiscatory and holds fur
Their that Bristow and his associates
on the commission have no jurisdic-
ton in the case and have merely
squandered thousands of dollars of
the states money thru interference in
a controversy that at all times should
have been handled by federal tri-
bunals.
Bristow Expensive.
Following the ascent rate order.
the Kansas Natural Gas company
sought to compromise and dispose of
pending litigation. Bristow held out
fatty against a compromise except on
the basis of every word and letter of
his order. The gas company offered
to accept a 32-cent rate, but declared
it could not provide gas under the rs
cent rate. Bristow'S refusal to accept
the 32-cent rate offer will now cost
the gas consumers thousands of dol
lars in addition to the expense borne
by the taxpayers for hearings which
the court held Bristow and his asso-
ciates could not decide.
In an effort to arouse support for
the public utilities commission orders,
public meetings were held and num-
i Der of politicians made speeches to
crowds which naturally preferred low
er rates to higher rates. But the evil
dence before the courts and the
| speeches at the public meetings pro-
duced different results.
Political Issue.
Governor Capper made the gas con-
| troversy an issue in his 1916 cam
paign. When Judge Flannelly of
Montgomery county resigned Cover
nor Capper appointed new judge. Yet
F.! the testimony and records in the case
were of such a character that the new
| judge upheld every important ruling
of Judge Flannelly. Now the case is
removed from the jurisdiction of the
state utilities commission and the state
| courts and the gas company may fix
| such rate as it desires-the rate to be
approved later by the courts.
| Mayor House is in Kansas City to-
| day in connection with the gas con-
| trOversy.