The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-12-24
Judge Booth Wipes Out Power
of Industrial Court.
Kansas Natural Given Free
Hand in Own Charges.
A SWEEPING OPINION TODAY
Rates Hiked in State From
% to so Cents.
Service Charge May Be Fixed
Here and in Other Towns.

Judge Wilbur n. Booth Of Mime
apolis has completely wiped out all
powers Of the Kansas industrial court
and cities of this state to control gas
rates under ordinances. The federal
iudge today issued. from Minneapolis
an order permanently enjointng con-
troll of the gas rates by the industrial
court It gives the Kansas Natural
Gas company practically free rem IN
fixing its own rates.
A Sweeping Opinion.
The Booth order today is the most
drastic and sweeping opinion rendered
in the gas controversy in more than
eight years of expensive litigation In
almost every round of the nght the
Kansas towns using natural gas nave
lost. They have gone from 28-cent
rate to an 80-cent rate. Now there IS
a further boost in sight.
1t is probable that a service charge
will be fixed at once for Topeka and
other towns. This service charge Will
doubtless be IS cents or 81. There
NAV be little immediate change in the
flat rate. But that consumers must at
once arrange for higher rates is clear
Judge Booths ruling is sweeping ana
his Injunction decree is flat and final.
Result OF an Appeal.
Today's order is result of an appeal
by distributing companies from action
BY the Kansas lnQuSbIAdl COuIb III
ust of this year. At that time the
court refused to set aside the SO-cent
rate.
Immediately the distributing COM
panies went before Judge Booth. They
filed supplemental answers in the
original case. In this suit Judge
Booth had knocked out the orders of
the old public utilities commission and
set aside ordinances regulating rates
by distributing companies. He held
such rates were confiscatory 1t en-
joined ali of these rates
When the case went before the
United States supreme court, the case
was sent back for further hearing
This action was still pending and the
Kansas industrial court order was
made an issue in the old case.
In their supplemental pleadings the
distributing companies alleged the so
cent rate was unreasonable, confis-
catory and nom n-compensatory. En-
forcement of this order by the indus
trial court is prohibited by Judge
Booth under his decree. While in so
many words he does not convey that
power. yet the scope of the opinion
is believed to virtually place in the
hands of the distributing companies
authority to fix suNh rates as they may
deem necessary. Such rates may, of
course. be subject to later review by
the federal Judge.
Return Property January 4.
Judge Booths order also restores
to the management of the Kansas
Natural control over its properties
which have been under receivership
more than eight years. These proper
ties are to be returned January l. The
receivership will be maintained merely
as a provision for handling of certain
matters of property right and judg
ments now in litigation.
In the eight years of fighting hun
dreds of thousands of dollars have
been spent in court costs and for attor-
neys fees. Once the state could have
settled the fight by agreeing to an
80 cent rate. This agreement was
blocked by Joseph L. Bristow, then
chairman the public utilities COM
mission. The new rates by distribut-
ing companies have not been deter
mined.