The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-09-08
J NOT SETTLED
No Agreement Reached on New
n Gas Franchise.
Many New Questions Arise in
Commission Meeting.

Agreement on new gas franchise
today appeared no nearer than the
day when it was first brought up. The
city commission adjourned after its
meeting Thursday afternoon with the
main provisions of the proposed grant
sal at issue.
As soon as one question is settled
another bobs up. Anew point was
raised at the meeting when E. s.
Quinton. an objecuor to the ordinance
as it now stands, asserted that the
grant should be postponed until the
gas company is out of the hands of
the receiver. He intimated the COM
pany had gone into receivership for
its own Advantage.
p t. F. Doran, attorney for the COM
pany, who also appeared before the
commission, replied that the company
has been attempting TO free itself of
the receivership for the last three
years, and that~the only possible way
this could be done was thru new
franchise. Without it the company
would die, he declared.
Two Main Points.
The two points about which con-
tention conferred, however, were the
matter of rates and furnishing free
gas to the city hall. A warm discus
sion, often bordering on the personal,
was carried on between Mr.. Doran
and Mr.. Quinton on these questions.
Both. frequently referred to the same
legal decision to bolster their argu-
ments.
Mr.. Doran pleaded for immediate
action on a franchise without any ref
erence to charges. He declared that
such provision would be useless and
would serve only as an excuse for
further litigation. The question of
rates, he said. was still pending in the
federal court, where a. final decision
rested regardless of any action by the
commission.
Has Right to Fix Rates.
Mr.. Quinton-claimed the city commits
sion had the right to fix a rate and
thatSit would be foolhardy not to do
so. According to his argument, the
public utilities commissions power
was supervisory only after the city
commission had stipulated rate as
a basis to work on.
The S0-cent rate has been held con-
fiscatory three times by Judge Booth
in the federal court at Minneapolis,
Mr.. Doran said, and can not be ac-'
copied. The gas companys costs are
higher now than during the war, he
asserted. and therefore a lower rate
is out of the question. The company
at present is charging the S0-cent rate
plus a 15-cent customer charge. Forty
cents Of each seventy-five of this Gus
toner charge is being held at the
b6nk-S pcittlAlS a 0tClSlOIl ny NllS leu
eral court whether the gas company
is to retain it or give it back to the
customers. He said If the present
rates were allowed to stand, the COM
pany would have a chance of raising
the receivership.
An Immediate halt in the extension
work now under way for the purpose
OF furnishing gas to property owners
in College Hill and Kenwood unless
the new franchise is granted immedt-.
ately was the threat held over the
commission by Mr.. Doran. He cited
an order Of the federal court in which
this work was made contingent upon
the granting of this franchise. The
delay. he intimated, was merely for
the purpose of letting these extensions
be brought nearer completion.
The other point, that of furnishing
free gas to the city hall building, was
discussed only slightly. This was
granted under the present franchise
but later held discriminatory by the
public utilities commission. This
ruling sti1l stood, Mr.. Doran said, and
therefore such a provision in the new
ordinance would be out of place.