Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-01-08
AGAINST THE PEOPLE.
The Supreme Court Decides in Favor
Of Natural Gas Companies,
AS TO THE MATTER OF HIGH PRICES
Pittsburg Also Loses the Tax Assessed on
Natural Gas Pipes.
SEVERAL VERY IMPORTANT DECISIONS
The Supreme Court at Philadelphia

The Supreme Court at Philadelphia
yesterday decided large number of cases
carried up from the Allegheny county
courts. The post important was that Of
the citizens of Allegheny against the Heat
and Light Company. Together with this
against the Ohio Valley Natural Gas Com
pany. Both were to restrain the companies
from charging exorbitant rates for fuel.
The history of the Northside case is
yet fresh. A series of indignation
meetings was held in all the
wards, and at last fund was collected,
lawyers employed, and the suit entered.
The main point raised in the case was as to
the right Of the local courts to determine
rates or charges. 1t was claimed on the
part of the plaintiffs that when the question
of excessive charges was raised, the courts
had the right to hear the evidence, and if
said charges fixed by the gas COM
pany were deemed excessive, to establish
new and equitable rates. Judge
White ordered q preliminary injunc-
ion to be served on the companies, holding
that where valuable franchises had been
granted by the Commonwealth or munich
pality, and where there was virtually no
competition, the people, from whom the
franchises were received had recourse to
the courts through proceedings in equity.
The Allegheny Heating Company and the
Peoples Company entered into an agree
ment, which, as is known, was virtually
consolidation, the stockholders of each to
receive certain percentage of the united
revenues derived from both plants. The
points raised in the bill were argued before
the Judges of the Common Pleas Courts and
afterward before the Supreme Court by
Colonel W. A. Stone and W. B. Rodgers,
ESQ.,, the former appearing as counsel for
plaintiffs and the latter for the defendant
company.
ALL is NOW REVERSED.
The Supreme Court now reverses the de-
cisions in both cases and dissolved
the injunction. Last evening Mr..
Rogers was anxious to see the
opinion of the Supreme Court, which
be thought would arrive tomorrow.
1t is given per curiam. He said that the disso-
luton of a preliminary injunction did not
always imply that the whole bill falls. Ere
Quently preliminary iniunctions are served
where a question of law is not clear in
eide. In this instance, as in some
others, the Supreme Court may posi-
bly, have simply removed the injunction,
and left open the question involved, or sug-
alx IN In thnr hos fhnu
may have decided the whole question squarely
in favor of the companies. Colonel Stone, at
torney for the citizens, said it was impossible
to decide whether legislation against the gas
companies would now be asked for, until the
Supreme Courts opinion arrives. He said If
the court suggested any remedy that would be
quickly adopted
Neither Messrs. Rogers nor Stone had re-
ceived any private advices from Philadelphia
in regard to the matter. There was general
disappointment over the result OF the tight
among gas consumers in Allegheny last night
PITTSBURG LOSES GAS TAX.
In the appeal of the city of Pittsburg from
the decision of Common Pleas No. in the suit
to recover taxes on the pipes Of the Philadel
phia Natural Gas Company the court affirms
the judgment, holding that as the public works
of public corporation they are not subject to
taxation. In the year 1857 the city assessors
placed valuation upon the Philadelphia and
all the other natural gas companies laid in the
streets and highways within the city limits,
and assessed tax on the same corresponding
to the city real estate tax of the respective
wards in which the pipes were laid. The assess
ments were placed in the real estate books of
the assessors office, and were left open to in
spection. The taxes passed into the hands of
the collector of delinquent taxes, who gave no |
tice to the Philadelphia Company of his inten. |
tion to collect them
Thereupon the Philadelphia COMPANY filed a |
bill asking the court to issue an injunction to |
restrain the collector from collecting the |
amount. There was no objection on the |
ground of excessive valuations or unequal |
taxations, but simply asserted that the city |
had no authority to assess the property in |
question. The city, on the other hand, claimed |
full authority to make the assessment, but |
the court below granted the injunction and the |
city took the appeal as to the Philadelphia Gas |
Company. The amount at issue between the |
city and the Philadelphia Company aggregates
s45oS2 46, being the amount assessed for two
years. The amount claimed from the other CON-
panies, and which are decided by the case, will
reach nearly 100000.
OIL, WELLS AND STOCKS.
Spectators and brokers in oil and grain were
intensely interested in the news that the Su-
preme Court had reversed Judge Whites de-
cision in the case of Thompson VS. Reiber. Mr.
Reiber, it will be remembered, empowered
Thompson. a broker, to purchase oil for him on
margins. Thompson bought considerable
amount of oil for Reiber, but Reiber declined
all responsibility and would not pay for carry
ing the oil OF the money lost. Thompson had
to pay the amount lost on the oleaginous fluid
and then brought suit in Common Pleas No. 2
to recover from Reiber, and Judge White, who
heard the case, charged strongly against
Thompson. and delivered a moral lecture upon
oil gambling. Thompson was given no dam
and the taken tO the Sunrema |
Court.
The Supreme Court affirmed Judge Hawkins
opinion in the case of Keating's appeal. This
suit grew out of the will of the late Michael
Mccullough, Jr., a Pittsburg millionaire, who
tied up his property in the hands of trustees
for 20 years, and then devised it to the children
of a sister at Blairsville. The point was about
McCullough's condition. Hawkins sustained
the will. The property will remainin the hands
of trustees, and near relatives of the deceased
will get nothing.
Another decision rules that the stockholders
of the Allegheny Trust Company are not liable
for the losses alleged to have been sustained
by the new stockholders The case is known as
the Andrieson appeal. and was instituted by the
old stockholders against the new. The latter
claimed that when they entered the company
they were deceived, and that on this account
the old stockholders should reimburse them for
the losses sustained.
OTHER IMPORTANT CASES.
The Judgment recovered in the suit of w. w.
watres against the Charters Valley Gas Com
pany for negligently undermining the pipes of
the Philadelphia. Company, thereby causing
break and an explosion which injured the goods
in the plaintiffs store, is reversed. The Court
holds that the independent contractor who did
the work tor the CHARTERS Valley Company is
the person liable.
Allegheny City wins in the suit of N Craw-
ford to recover $4,000 for logs swept away from
Herr's Island during the flood of 1854 He
claimed that the city authorities had not sup
piled the wharf with proper boat fastenings.
The lower courts decided against Crawford
and this decision is now affirmed.
The Judgment of $4,000 recovered bv the as
siguee of the Penn Bank against the Farmers
National Bank is set aside and new trial of
the case ordered.
The dispute about the transfer of Northside
bridge stock, between Nathan Mcdowell and
A. A. Hutchinson. was decided in favor of Mr..
Mcdowell. Mr.. Hutchinson must pay him
Sl0OO. The lower court had decreed that
Hutchinson was to pay Mcdowell SIS. .000
The ''ice cream caseh is decided in favor of
the Law and Order League. This was Berry
VS. Commonwealth. Berry had been sued for
selling ice cream on Sunday. His attorneys