Missouri v. Kansas Gas Co., 265 U.S. 298 (1924)

Missouri ex Rel. Barrett v. Kansas Natural Gas Company

Nos. 155

, 133 and 137

Argued April 21, 1924
Decided May 26, 1924
265 U.S. 298

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE WESTERN DISTRICT OF MISSOURI

Syllabus

1. The business of piping natural gas from one state to another and selling it not to consumers, but to independent distributing companies which sell it locally to the consumers is interstate commerce free from state interference. Pennsylvania Gas Co. v. Public Service Comm’n, 252 U.S. 23, distinguished. P. 307.

2. An attempt of a state to fix the rates chargeable in this interstate business is a direct burden on interstate commerce, even in the absence of any regulation of it by Congress. P. 308.

282 F. 341 (No. 155) affirmed.

111 Kans. 809 (No. 133) reversed.

282 F. 680 (No. 137) affirmed.

In the first of these cases, the appellants sought to enjoin the Kansas Natural Gas Company from increasing its rates in Missouri without the consent of the Public Utilities Commission of that state. The decree of the district court refusing the injunction is here affirmed.

In the second case, the Kansas Supreme Court allowed a peremptory mandamus to compel the same company to reestablish and maintain certain rates in Kansas until otherwise ordered by the Utilities Commission of that state. Reversed.

The third case was a suit in the federal court in Kansas to enjoin collection by the same company of increased rates in Kansas until allowed by the Kansas Utilities Commission. The injunction was denied. Affirmed.