State ex rel. Bristow v. Landon

Citations

• 100 Kan. 593
• 165 P. 1111
• 1917 Kan. LEXIS 383

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Gas Companies — Right to Change Schedule of Charges — Consent of Utilities Commission. The receiver of the Kansas Natural Gas Company and the Olathe Gas Company have no right to change the rate, schedule of charges, rules, regulations or practice pertaining to the supply of natural gas to the patrons of the Olathe Gas Company without the consent of the Public Utilities Commission.</p> <p>2. Same — Decision of United States District Court Construed■ — Mandamus — Writ Issued Conditionally. The suit recently decided by the United State district court for the district of Kansas (Landon, as Receiver, etc., v. Public Utilities Commission et al., filed ,April 21, 1917, not reported), while involving among other things the validity of the contract under which the Kansas Natural Gas Company and the Olathe Gas Company have for several years been supplying the customers of the latter company, has not yet resulted in any decision as to the validity of such contract, jurisdiction having been expressly reserved over the issues involved which are not covered by the recent decision. Held, that a writ requiring the defendant companies to continue according to the terms of the contract until such contract be duly and legally set aside or superseded will issue, unless within a time named such consent to depart from the terms thereof be obtained from the Public Utilities Commission.</p> <p>3. Gas Company, — Sale of Gas to Kansas Consumers — Rates Under Control of Utilities Commission. Notwithstanding the decision in the federal case referred to, touching the interstate character of the business conducted by the receiver, we adhere to the decision in The State, ex rel., v. Flannelly, 96 Kan. 372, 152 Pac. 22, that when selling natural gas to consumers thereof in this state the receiver is not engaged in interstate commerce.</p>