The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-06
Supreme Court DispOses of Old
Gas Controversy.
Six Years of Endless Trouble
and State Expense.
OTHER DECISIONS DOWN TODAY
Funds of State ChirOpractic
Board Are TO Be Held Up.
Insurance Department Loses
Revenue $4,000 a Year.

Kansas gas users can breathe sign
OF relief.
The state supreme court today put
the Kansas Natural gas controversy
to rest so far as the state courts are
concerned While further action may
come thru federal court channels, the
aged row is dead so far as it may be
affected by state court interference
More than six years of controversy,
litigation ami contention and cundreds
Of thousands of dollars in court and
receivership expense resulted from the
Kansas Natural troubles The deci-
sion of the state supreme court TO-
day however. probably ends any
further action by state court t1nal
action was taken by the court in dis
missing the appeals of the Wyandotte
County Gas company and the Kansas
City Pipe Line company from orders
of the Montgomery county district
court.
In Montgomery county Judge
Thomas J. Flannelley had made an
order fixing the rates at which gas
was to be sold by the Kansas Natural
receiver Judge F'lannelley also held
that contracts with distributing COM
panies were void and ordered them
Cancelled The Wyandotte County Gas
company and the Kansas City Pipe
Line company appealed from the
orders. The supreme court held that
Judge F'lannelley had no authority to
fix rates. and that he could not set
aside contracts between the Kansas
Natural and the distributing COM
panies Owing to the action of the
federal court in assuming all jurisdic-
ton as to rates and contracts. the
Kansas supreme court held there was
nothing to decide and dismissed the
appeals. 1t was the final action in
state courts concerning the long drawn
out litigation.
Tics Tn State Board
The supreme court put crimp in
the funds of the state chiropractic
board today when it held the board
could not use its fund paid into the
state treasury without a special act of
the legislature. Members of the board
desired to use the fund for special pur-
poses, but payment was held up by
Fred w. Knapp, state auditor. The
court today upheld Knapp
Recently the chiropractic board
brought mandamus proceedings
against the auditor to compel him to
issue warrants on the fund. When the
legislature created the board it pro-
Vided that expenses should be pald
from it's fees. 1t was seemingly the
intention OF the legislature to provide
that fees should be paid into the state
treasury and funds drawn from this
account When the board wanted to
use some of the money for special
purposes, however. payment was held
up under the theory that special
legislative enactment was necessary.
Rucl<er Loses Again.
Bert Rucker of Topeka cannot re-
cover because he acted under the plan
or suggestion of another party in
land fraud. That was the decision
of the supreme court today UNFOLDING
q decision of the Shawnee county dis
trict court. where Rucker lost an ac-
ton against c. W. Allendorph and his
wife
Several years ago the Shawnee coun-
ty court rendered a judgment against
Rucker because of a showing of fraud
in land deal with Marion Tatlow of
White City. The supreme court up
held that judgment and Rucker
brought suit against Allendorph and
his wife. alleging that he was acting
as agent in the deal for Allendorph
The supreme court, however. held that
when a person commits a wrong. eth
er at the instigation of others or act
ing jointly with them. he cannot COL
1ect damages from the persons who
induced him to commit wrong.
The state insurance department lost