State ex rel. Caster v. Flannelly

Citations

• 96 Kan. 372
• 152 P. 22
• 1915 Kan. LEXIS 386
• 1915 WL 53480

Syllabus

<p>1. Gas — Receivership—Order of Utilities Commission Fixing Rates — Injunction — No Legal Service — No Jurisdiction. The district court of Montgomery county, in an action there pending, appointed receivers to take charge of and operate the property of a public utility, and afterward, on the application of the receivers, made the public utilities commission party defendant in that action. A petition against the commission was then filed in the action by the receivers and summons was issued out of that court and served on the commission in Shawnee county. In this petition the receivers asked that the commission be enjoined from enforcing certain orders made by it at Topeka, in Shawnee county. Held, that the district court did not thereby obtain jurisdiction of the commission and could not make any lawful order, or render any valid judgment against the commission.</p> <p>2. Same — Receivers of Gas Company — Under Control of Utilities Commission. Receivers, properly appointed by a court of competent jurisdiction, in possession of and operating a public utility in this state, are uhder the control of the public utilities commission in the same manner and to the same extent as the- owners of the utility would be if they were operating the public utility themselves.</p> <p>3. Same — Utilities Commission Has Exclusive Power to Fix Gas Rates. The public utilities commission has power to fix rates for the service rendered 'by a public utility, although that utility is being operated by receivers appointed by a court of competent jurisdiction.</p> <p>4. Same — Gas Imported — Mixed with Kansas Gas — Sold to Kansas Consumers — Not Subject to Interstate Commerce Law. It is no part of interstate commerce to sell natural gas to the consumers thereof in this state, where the gas sold is produced in both Kansas and Oklahoma, and that produced in Oklahoma, after being conveyed in pipe lines to this state, is so commingled, in the pipe lines conveying the same, with the gas' produced