The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-04
IN FEDERAL COURT
Kansas Natural Gas Case Is
Taken From State Hands.
Many Months of Expensive Lit
igation the Only Result.

The Kansas Natural Gas case is
now entirely in the hands of the
federal court and has been dismissed
from the state courts of Montgomery
county after months of expensive liti-
cation. All of the contentious of Jo-
seph L. Bristow and his public utiI-
tiles commission were entirely waived
aside by Judge ]. w. Holdren. The
court held that corporate evils of the
gas company had been cleansed
months ago.
the Montgomery county district court
disposes of a sacred campaign issue
and the excuse for expenditure of
thousands of dollars of the states
money. In the recent campaign Gov
ernor Capper was bitter in his criti-
cism of Judge Flannelly and the gas
receivers. At one time he strongly
intimated that he would ask the state
senate to hear impeachment charges
against the Montgomery county dis
trict judge because of his alleged ir-
regular and unprofessional conduct in
the gas case.
Flannelly Upheld.
Several months ago Judge Flannelly
resigned and Governor Capper ap-
pointed Judge Holdren. After Hol-
dren had looked into the gas case he
upheld Judge Flannelly on every i'm
issue ana maze clear the
claims of Bristow and the public util-
titles commission had merely deceived
and misled the governor. A finding
by Judge Holdren now disposes of
the case in the state courts and leaves
final settlement of the issues in the
federal court John NJ. Landon will
be retained as receiver until the fnan-
cial affairs are entirely settled. One
report is to the effect that the Doherty
interests may take over the gas prop
erty within the next few months.
The Doherty interests, owners of
extensive holdings in the mid-conti-
nent fields, have been negotiating for
several months for the purchase of
the Kansas Natural. Reports are to
the effect that he is nearer an ac-
tual purchase than since he started
flirting with the Natural ownership.
Settlement of the gas case in the
ruling of Judge Holdren, however,
valves aside all of the contentious of
the Kansas utilities commission and
the chargest against the Montgomery
administration. The degree of the
Montgomery county district court viii
this week be presented to Judge Will
bur Booth in st. Paul. At that time
the affairs of the gas case will pass
entirely into the hands of the federal
court
Utilities Body Loses Out.
Recently Judge Booth kicked the
props from every contention of the
state utilities commission. He held
that the transportation of gas to Kan
sas was interstate commerce, that the
2S-cent rate ordered by Bristow and
the state commission was confiscltory
and non-compensatory. Judge Booth
then held final jurisdiction in the case
ans virtually declared that the thou
sands of dollars spent by thu state
commission had been squandereo in
that none of the relief sought by the
commission could be provided. The
decision of the federal court, as well
as the rulings of the Montgomery
county district court, were absolute re-
versals of the findings and claims Of
the state utilities commission.
While the gas cases were pending
and after Bristow's 2S-cent rate order
of December, 1915, the Kansas Natut ii
oefet ed to compI omise by providing i
cont act for 50 cent gas. Brisiow re-
fused to consider the proposal Now,
after heavy state expense, 1t IS APP
parent that the Kansas gas consumers
must pay 40 to so per cent more io[
gas than was proposed in the offer Of
the gas company.