The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1922-03-25
BIDDIS0N HOLDS
FOR GAS COMPANY
,ciunction Application Is
'"' Denied Following a
Hearing
! N DAYS FOR APPEAL
Pending Appeal, Company Is
Not Permitted to Shut
Off the Gas

r,o Injunction against the Okla
"a natural Gas company, sought
Sd gas consumers on the ground
..., tbe pressure OF gas had been
,,irylaicd and that the meters
Ul NOT register correctly. was de-
gIsa Friday morning by District
,.l,o Vatican Biddison on the
.Ag,d that the district court was
ngtopt jurisdiction in one allega-
pob made by the consumers. Coun-
..i for the gas consumers took cN-
..oHon o. the courts ruling aud
,,ye notice on intention 10 appeal
~ the supreme court. The judge
s.yc the plaintiffs 20 days in which
~ pcrfccf their appeal and ordered
g,ye notice OF intention 10 appeal
,ss made that supersedeas bond
m double the amount of tho bill
charged by the gas company be
po.tcd. Judge Biddison held that
'be minimum bond would be 500.
This would make the total OF the
f9pd 10 ho posted for all 81 cases
about 5000.
Tse suit was brought against the
ess company in regard to bills for
Ia. consumed in January. The gas
'on1mors alleged that the bills
we're entirely out OF proportion for
cas- consumed; that the pressure Of
,as gas had been manipulated by
~ company and that the meters
IA not register correctly. The con-
slmers refuse TO pay the amount
charged by the gas company and
when the company threatened to
shut of the gas the injunction suits
were brought, cnjioning such action.
Restraining orders were granted in
| All cases. At the hearing Friday
Judge Biddison ordered that the re-
,tralnIng order be kept in affect
pending the appeal.
THE injunction was denied said
Judge Biddison. for the reason
that this court is without jurisdic-
ton in regard to the matter OF pres
sure. That is now before the corp
orat!on commission. That body has
urisdiction iu that matter and not
Ibis court. And | felt that mas
much as / could not rule in regard
70 that allegation that the entire
matter should be taken before the
corporation commission. In other
words IL that body was TO decide
on one phase Of the matter let II
rule on both phases. inasmuch as
Il has jurisdiction in both.
But the counsel for the con-
mmors did not agree with me. They
held that ! did have jurisdiction and
. 50 appealed the case. If the su-
preme court upholds my decision
+ the consumers will have to refile
X their cases before the commission.
4 W course IL the supreme court de-
Il 'Ides against me the case Will come
E back here for a hearing.
Counsel for the gas company
4 argued that | did not have jurisdic-
. ton in the matter at all. They con-
4 tended thar a district court did not
4 have jurisdiction because the defend
abt company is a public corpora
\ ton Many other attorneys are of
the same opinion but l don't see
4 i that way"
The appeal has only 20 do with
i bins mentioned i'm the suit brought.
q New bills do not enter into thc con-
uoyersy az all 1t Is reported that
n Other gas consumers in various sec
IONS or Tulsa are preparing to 90
drectly TO the corporation commits
zion with their complaints. several
n cases are expected TO be taken be-
a lore that body within the next few
days.