New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-08-09
GAS SUITS HEARINGS.
COnsOLid0ted's Secretary Objects to
SkOSciRg Operating Ledger.

Justice Giegerich in the Supreme Court yester.
day reserved decision on the application OF
Clarence J. Shean for writs of peremptory
unandamus 10 compel the Consolidated Gas Com
parry 10 supply George Z. West, Of No. 7s5 Co.
lunlbus avenue. and Dionoji Rebecchi of No.
30 East 10Th street. with gas at 50 cents a
thousand feet. John a Carver. representing
the gas company, argued that until the constitu-
tionality Of the S0-cent gas law was decided per-
sons obJectng 10 paying more than 50 cents
should obtain injunctions preventing the shut
ting of Of gas on giving bond TO indemnify the
company if the law should be declared uncon-
stitutonal.
Bills were sent to West and Rebecchi by the
gas company Up to the end of July at the dollar
rate. They were informed that if the law was
held 70 be valid they would get the excess paid.
With interest. When they objected to paving
more than 80 cents q thousand feet a threat was
made Ia cut of the gas. Mr.. Shearn cited cases
where Justices Ingraham and Leventritt granted
snandamuses directing that gas should be sup-
piled 10 petitioners.
In some parts OF the city" said Mr.. Shearn,
'There are 100000 persons having slot meters.
Prior 10 the new law they paid - cents for o50
feet Of gas When the S0-cent law was nassed
the company changed the meters so as to fur.
nish 3l2 feet for - cents, but soon chaneeo
the meters back. We assert that the duty of
supplying gas at 80 cents a thousand feet can
be imposed Is has been upheld by Justice Lev
entritt, and confirmed by the Appellate Divi-
sion"
NJ Carver declared that If the motion were
granted the gas company would have TO furnish
gas without security before the constitutienality
Of The law had been tested
II these applications are granted he ds-
riaTna -'rhC -zt-fll
cannot collect the 20 cents difference between
the so-cent and dollar rate owing to the floating
population Of New York. In these cases before
the court nOw We have merely threatened TO cut
Of The gas II The dollar rate is rot paid until the
oonstitutionality Of the law is settled"
The question Of fact whether the gas company
could afford 20 supply gas at so cents was being
considered before a referee, Mr.. Carver main
tanned. Mr- SheaTn asserted that the gas COM
I-ny Vas protected from loss. While the consti-
luloIality o. the Law was being argued by the
deposit Oh meters, but AIr. Carver said that
would only cover the supply foreseveral months
Al The hearing Of the application of the Con-
The enforcement Of the Se-cent law Yesterday
Robert A Carter, secretary OF the company,
proGIceo trial balance for the year ended Oc-
toner 81. l:A9 He said the data were taken from
the general ledger. Assistant CORPORATION Coun-
sci Burr wanted the data from the operating
leaser. 50 as 10 be able TO cross-eXa;nine the
witness properly. He said the operating ledger
would reveal whether or not tl,ere was a profit
81 - cents. Counse! Ter the company obiecte1
70 producing the operating ledger.
Senator Page cTOss-cxanlined Mr.. Carter on
e@Cl stem Of the balance sheet submitted. Mr..
was charged UP against depreciation of plant.
Senator Page further examined Mr.. Carter as 10
The National Coal and Coke Company, which is
capitalized at S.50As0 and owned by the Consol-
and coke company was organized principally to
reduce cost Of carriage.