The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-07-09
Formal Opinion win Be
Handed Down Next Term.
4. |. NOBLE IS Appointed
Decision Reached in Bell Tele.
phone Rate Case.
Lawrence Light Company to
Collect Service Charge.

with PUBIC interest ana wages OF
i packing company employees become a
matter of public concern. according
to memorandum handed down to-
day by the supreme court II. the Wolff
Packing company case. As to the
question of reasonableness OF wage
awards and regulations as to maxi
mum and minimum hours of employ
ment, the court appointed a commits
sioner to take testimony and make
findings
| Action by the court today In giving
a special memorandum In the case fol-
lows submission of the wage contro-
versy to the court this week. It is
probable that the formal opinion re-
garding the case will be handed down
in October or November. Several is
sues regarding the constitutional fea-
lures of the industrial court law, how
ever are covered in the memoran-
dunn.
| Supreme court justices hold against
the Wolff company attorneys by de-
| claring that the court act Is not IN
violation of the fourteenth amend
ment to the constitution of the United
states. This issue was raised in Ques-
tioning the right of the court in the
making of its order and awards. The
Iquestion as to details of the labor
court order and its reasonableness
| will not be passed upon until after
Noble Appointed Commissioner.
The court appointed A. l.. Noble of
Wichita as commissioner. He has ac-
lcepted the appointment and will prob
ably begin the taking of testimony this
month. A commissioner was appoint
ed on a showing by the packing COM
pany to the effect that the Industrial
court had not gone thoroly into the
earnings and expenses of the company
in making its award.
In its memorandum the court holds:
That the action can be prosecuted
relations
That the act establishing the court
or industrial relations operates on
both employer and employe.
That the wages paid employees in a
packing house is a matter of public
concern, and the determination Of the
sufftciency of such wages is a question
a11ected with public interest.
And that the law does not violate
the provisions of the fourteenth amend
ment to the constitution of the United
States.''
Decide Telephone Case.
Kansas public service corporations
are not bound by "slow-m oving'' pub
lie utilities commissions which fail to
promptly consider rate controversies,
according to the supreme court. In
decl ing the case, the court reversed
a decision by the Reno county district
court enjoining collection of higher
rentals by the Southwestern Bell Tele-
phone company. The supreme court
ordered the district court to dismiss
an injunction proceeding against the
company.
The Hutchinson case grew out of
rate controversies affecting the cities
of Arkansas City, Atchison. Hutchin-
son, Lyons, Winfield and Ell Dorado.
In 1920 the industrial court sitting as
wage increases for employees of the
Bell company in the six towns. It de-
| iayed consideration of an application
by the company for increased rates
until the spring of this year. The Bell
company then went before the Shaw
nee county district court and secured
an injunction against interference with
rate advances. 1t alleged that under
the action of the commission the COM
pany was compelled to absorb a loss
OF $4,000 month in these towns.
| When the case came before Judge
Fairchild he enjoined enforcement of
the increased rates. In his opinion he
charged that the former industrial
court had played politics in the exer-
else or its rate-making powers. The
supreme court in setting aside the
Reno county courts order holds that
it had no Jurisdiction to take up a
case decided by a court of similar
Jurisdiction and involving the same
rates fixed by the utilities commission
for service by a telephone company
are adjudged to be confiscatory and
are set aside by the court, the COM
pany may promulgate rates of its own.
These rates will be deemed, the
court says, to be legal until such rates
are found to be unreasonable and ex-
| cessive, or until other rates are fixed
by the utilities commission. Rates so
: fixed may not be enjoined until action
thereon has been taken by the COM
mission. The supreme court holds
that public service corporation can
not be forced to absorb losses thru un-
reasonable delay by the state commis-
sion- 1t is held that the Shawnee
county court had jurisdiction in maxi
l ing its original order ard finding that
! rates were confiscatory and that It's
decision was binding on all parties.
E To Collect judgment.
Guy Austin is entitled to collect a
way Express company for failure OF
: the company to deliver the head of a
1 supposed mad dog to physicians I'm
Manhattan. Austin was bitten by a
: dog suspected of having hydrophobia
: and because of delays in making tests
: brought suit against the express COM
. pany in the Cowley county district
court.
After Austin had been bitten his
I physician sent the dogs head to
I Manhattan for the purpose of a test.
e The box containing the shipment was
|, marked Dogs Head, Rush" The
I defendant company had been notified
of the accident to the plaintiff and
: advised as to the purpose of the ship
s Austin then flied suit for damages.
He secured Judgment for experse OF