The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-07-01
Refuse to Allow Bell Co. tt
File Petition.
Court Held That Original Case
Could Be Opened.
AFFECTS SIX KANSAS TOWNS
Sought to Restrain p. q. C.
From Enforcing Orders.
Trouble Started When EN-
ployes Asked for Wage Hike.

Judge James Mcclure in the Shaw
nee county district court today refused
to allow the Southwestern Bell Tele-
phone company to file a supplemental
petition in the cases affecting tele-
phone rates in Hutchinson, Atchison.
Winfield. Eldorado, Lyons and Arkan-
saS City. However. the court held that
the company may file an original Pc
tition, thus opening up new case.
The Bell company sought thru the
supplemental petition to restrain the
public utilities commission from en-
forcing the rates it recently fixed for
these six towns. The refusal of the
ton to be filed. naturally carried with
it a refusal to grant the restraining
order in the pending case.
To Set Date for Hearing.
However. Judge Mcclure announced
he would set an early date for the
hearing on the new original petition
for temporary injunction.
The wrangle started q year ago
when employees of the company asked
for increased wages. The officers of
the company were assured by the in
dustrial court that il the wage in
crease was granted the company's ap-
plication for increased rates would be
given due consideration. The wage
hike was granted and applications for
rate increases in the six towns were
filed. Following the delay of the in
plications, the company obtained
from the Shawnee county district
court an Injunction to prevent the
utilities commission from interfering
with the company in putting its own
rates into effect. The restraining or
der was held up thirty days to allow
the commission time to hand down a
decision.
The company was also put under
100000 bond to refund the increast
1 to customers IL the decision of thu
commission should be unfavorable. II
the Reno county district cours, Judge
Fairchild allowed the city of Hutchin
son an injunction to prevent the com
pany from putting its rates into ef
feet there. Then the public utilitie
lcommissfon handed down an orde
denying the increase.
Wednesday q mandamuss proceed
| ing was started in the Cowley count.
district court to compel the compan.
TO put into effect the rates fixed b,
the commission in its order.
Court Wants New Petition.
It was the argument of the tele
phone company before Judge McClur,
today that confiscation of its propert.
continued. The Shawnee county dis
trict court in March held that tn
| rates then in force in the six town
were confiscatory, and because of tn
public utilities commissions failure t,
decide applications for increased rates
granted an injunction restraining tn
commission from enforcing the oil,
rates. The company claimed that tn
commission in its order last weel
practically fixed the same old rate
and sought restraining order thru
supplemental petition on the ground
tof continuing confiscation. The cour
held that there should be new peti
ton filed.
| Judge Mcclure called attention t
/ the mandamus action brought in Cow
/ ley county Wednesday and stated tha
possibly that court had acquired juris
diction, but would not admit that tn
I Shawnee county court does not hav
Jurisdiction. Out of Difference to tn
Cowley county court, Judge McClur
said at this time he would not issu
1.-The restraining order.