The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-05-12
Court Heads Contra.
diet Fairchild Charges.
They Say Politics Did Not Enter
Into Case.
TROUBLE OVER PHONE RATES
Judge Higgins Makes State-
ment Regarding Hearing.
Shawnee County Judges Refuse
to Enter Discussion.

Judge William G. Fairchild's at
tack on the court of industrial rela-
tions for playing politics in public
utility rate making. aroused heated
denials in the state house today.
! Judge W. L. Higgins, presiding Judge
/ of the court of industrial relations;
aid Judge Clyde NJ. Reed, former
! judge of the court. denied Judge Fair
childs statements.
| In a rate hearing in the Reno
county district court Judge Fairchild
attacked the policies of the former
| industrial court in fixing rates. He
said the policies of the court were in-
spired by political ambition and that
! the orders and rulings were made for
political effect and benefit. The
| charges that the court played politics
1 recalled in the state house today a
statement which Judge Higgins made
to the legislature last winter in op-
position to the divorce bill. He said
/ the industrial court was not burdened
with too much work, but with too
much politics.
| No Politics, Says Huggins.
Because of his judicial position.
Judge Huggins stated today he was
not in a position to discuss Judge
Fairchild's charges in a manner in
which they might otherwise be pre-
sented.
Il want to say that I didn't play
politics in this'-the Bell telephone
rate case-''or any other case" said
Judge Higgins Judge Fairohiid's
statement was made from where it
couldn't be answered. Judge Fair
child and myself might accuse each
other OF lot of things and both be
wrong.
THE telephone rate cases were in
Judge Wark's department And
want to say that he didn't play politics.
That Is the reason he is not on the
court today. He didn't play politics.
but stayed on the job and worked and
refused to run around to political con-
venticns and gatherings If Judge
Fairchild's statement is directed at
) Judge Wark, want-to resent it,
! Charges Unwarranted Says Reed.
Judge Clyde NJ Reed. now a mem-
Der of the public utilities commission,
was called from the commissions
hearing room today and asked for a
statement regarding the charges
They are positively unwarranted
and without foundation" he said. He
refused to enter into a further dis
| cussion.
Refuses To Make Statement
Charges by William G. Farichild,
newly elected judge of the Reno
county district court at Hutch .nson, to
the effect that the Shawnee county
district court was guided by colIusion
and political manipulation in granting
the Southwestern Bell Telephone COM
pany an injunction to prevent the pub
lie utilities commission from inter-
fering with a raise in rates was not
honored with an answer by Judge
George II. Whitcomb. and Judge
James A. Mcclure today.
, Both the Shawnee county judges,
who sat Jointly in the hearing.
laughed when asked for a statement
concerning Judge Fairchild's accusa-
ton and replied that they had no
| statement to make. They evidently
, considered it beneath the dignity OF
, the Shawnee county bench to enter
into a petty controversy with another
| judge relating to a question which
they had settled in the only way pos
sible according to the law and the
evidence in the case.
Decided According to Law.
"The case was decided according TO
the statute" said Judge Mcclure. "As
. far as l am concerned. it is past his
tory ana / do not wish to make any
statement regarding Judge Fairchild's
tcharge, if he really said what he is
| reported as saying.
| According to Associated Press dis
patches Judge Fairchild charged that
the local decision in favor of the tele-
lphone company was obtained "by col
fusion and political manipulation to
: lshield the industrial court from public
criticism Tor It's activity IN nlcTedbliie5
= service rates in Kansas" The state
ment was made when Judge Fairchild
denied application of the telephone
: company to dissolve a restraining or
der to prevent the telephone company
from collecting the increased rates.
5 The case in controversy is that in
! which the Bell telephone company re-
: Gently filed an application in the dis
trict court asking for a temporary in
. junction to prevent the attorney gem
: eraI and public utilities commission
from interfering with the collection OF
an increased rate in the cities OF
Hutchinson. Arkansas City, Lyons, FL
. dorado, Atchison and Winfield. The
statute provides fine of $1,000 per
| day for public utilities collecting an
Unauthorized rate.
Censored State Tribunal.
The findings in the hearing. now on
record in the district court. show that.
contrary to shielding" the Industrial
court, Judge Mcclure and Judge
Whitcomb mildly censored the state
tribunal for it's -lowness in passing on
3 the application of the telephone com.
< pany for an Increase in rates The
case had been tried and submitted By
= the Industrial court five months be-
= fore, the findings relate. and a decf-
4 sion was still withheld. altho the COM
s pany, according to testimony. was los
| ing $4,000 daily in the six towns.
: The findings show that prior 70
}. May. 1920, Bell employees made nu-
e merous requests for increased wages
e Officers of the company were told by
n members of the Industrial court that
if the wage dispute was settled with
e out mediation by the court that the
T company might then file its applica-
e tions for increased rates and that they
would be Investigated thoroly and de-
s cided promptly Wage increases ag-
e gregating $3.50, 900 were then gra nted
r and applications for increases then