The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-02-20
WON 2 and LOSTS
Disastrous and Expensive
Three Years of the p. U. G.
S5O.OOO-a-Year Board Shows a
Record of 20 Per Cent.
MOST GUESSES WERE WRONG
Court Reveals This Situation in
FOur-Fifths of Cases.
One of Cases i'm swim Column"
Was a ''Dog Fall"

Court records show disastrous, but
expensive, three years for the state
public utilities commission since JOS
eph L. Bristow went to the chairman
ship. The record under the Bristow
rule shows that of ten cases which
went to the state supreme court and
federal court, the commission has lost
eight and won just two In other
words the $4,000 a year commission
has in three years lost so per cent of
the cases appealed to courts of record.
In two of the cases which the COM
mission heard, Chairman Bristow and
Commissioner Foley, the associate Re
publican member, decided against the
corporation and Judge Foley, the
Democrat member, wrote a dissenting
opinion. In the Kansas Natural Gas
case, the courts held with the Foley
dissent, while the passenger rate case,
which also drew a dissenting opinion
from the minority member. is now in
the hands of the courts. The records
from the courts show that in four
fifths of the cases appealed, the BIZ
partisan board guessed wrong when
considered in view of the evidence and
the state law.
There isn't much. room for argu-
ment concerning the service which
the expensive commission has render
ed the state when the court reports are
to the commissions own record. The
record of the courts is available and
should easily settle any dispute. These
records show the state commission
won just two of its ten cases-State
eX rel Commission VS.. Landon. re-
ceiver (1O1 Kan. $3.50, and State ex
rel Commission VS.. Railway Company
600 Kan. $50.
One a "DogfaH.'
One of the cases credited to the
commissions win column, was a dog
fall. In the Landon suit, the supreme
court held that the receiver of the
Kansas Natural could not charge a
rate at Olathe for the reason that it
was practice pertaining to the serv-
ice and could not be changed without
permission of Bristow and the COM
mission. However, the federal court
in the Kansas Natural case held the
receiver was authorized to increase
rates and held against state court &C
ton enjoining the receiver. Look up
242 Federal 65S.
1t appears, therefore that the only
case in which the commission won an
unqualified victory was in the case OF
State eX rel vs. Railway Company, in
volving control by the commission OF
the issuance of securities of an cleo
trio railway company.
There is nothing but sorrow for the
state commission in the remaining
record 1t shows one defeat follow
ing another as rapidly the courts
were able to get to the cases which
were appealed from the decisions OF
Chairman Bristow and his majority
rule commission. From the court
records is given a brief review of these
cases as we'll as the index to court re-
ports.
State ex rel Commission VS.. Postal
Telegraph Company (96 Kan. 29S)
was one of the jolts. The commission
brought an action of mandamus
against the Postal to compel it to re-
establish and maintain the telegraph
station at Syracuse. The supreme
court refused the writ for the reason
that there had been no hearing or de-
termination of the question by the
commission.
Case Cost Time and Money.
An action by the commission to
compel the Kansas Natural receivers
to enforce certain rates fixed by the
commission cost much time and
money and resulted disastrously for
the commission. That was in the
case of State eX rel VS.. FIannelly (9e
Kan. 372). This case was heard with
another proceeding brought by gas
company receivers to restrain the
Kansas. commission from enforcing its
order and interfering with rates fixed
by Judge Flannelly. While the
supreme court held that the commits
sion had jurisdiction in the matter o.