New-York tribune., 1906-06-23
NAY CUT Gas KNOTS.
Opposing Counsel Agree to Quick
Action ON 8O-Cent Lac.

Many legal knots in the gas situation in this
city, it was learned yesterday. viii probably be
untangled considerably earlier than had been
hoped by counsel on both sides, owing to a num-
ber Of conferences which have recently been
held. When Judge Lacombe in the United
States Circuit Court, handed down his decision
temporarily making 81 gas the legal rate. un-
til the COnstitutiOnaty of the S0-cent law can
be determined. he advocated the appointment
of a special master to take evidence. saying that
it would aid in getting the evidence in proper
shape that II could be offered to the Trial
Term of the United States Circuit Court in
November. John A. Shields. United States Com
missioner, was considered the most likely man
for the place.
But the advice of Judge Lacombe probably
will not be followed. Counsel for the ConsoH-
dated Gas Company, the plaintiff in the action
have conferred several times with counsel for
the various defendants. including the state.
county, city and Gas Commission. II
has been found possible get all of the disputed
evidence in such shape that it can be offered
direct at the Trial Term without the necessity
Of having a special master appointed The ap-
pointment of such an officer would entail end
less trouble during the summer. practically a
trial of the entire case, and then the special
master would offer this evidence to the Trial
are
successful. they hope to be. in getting the
evidence in proper form without such court
officer, but little time will be consumed. John
a. Carver. of counsel for the Consolidated Gas
Company. said yesterday that he believed the
appointment of a special master would not be
necessary. He said counsel have agreed on
many Of the salient points OF the evidence and
that it will undoubtedly be offered direct to the
court.
Assistant Corporation Counsel Burr said that
the city had its case all prepared and was wait
ing for counsel for the Consolidated to decide
on its evidence. The proper procedure if a
special master is appointed. ii was shown, would
be to make application to the United States
Circuit Court for such appointment. But. coun-
sci said, no such application is likely to be made
The decision of the Appellate Division of the
Supreme Court written by Justice Laughlin and
handed down on Wednesday, which was against
the Consolidated Gas Company in favor of two
Htigants has been appealed by counsel for the
company This appeal. however cannot nos
sibly be argued until the latter part of Novern-
ber, the Court Of Appeals has adjourned
The two cases, counsel point out are generally
misunderstood by the public as one has no
bearing whatever on the other. and they do not
conflict in any way. 1t is pointed out that the
federal case is on the cOnstitutionality Of the
law providing for an SO-cent rate for one thou
sand cubic feet of Illuminating gas The case
before the state courts is injunctions re-
straining the Consolidated from removing
meters when consumers have refused TO paw
more than 80 cents The injunctiOns are granted
allowing for final decision in the federal courts
Of the constitutiOnality of the act.
Justice Leventritt, of the Supreme Court who
some days ago granted permanent Injunction
against the Consolidated in favor of a consumer.
preventing the company from taking out a meter
on payment Of the S0-cent rate, made this ruling
even stronger yesterday He signed an order
directing a peremptOry writ of mandamus 10
issue compelling the Consolidated TO adjust a
slot meter in the premises occupied by Nathan
COhn TO supply him with gas at the rate
of so cents thousand cubic feet
Justice Leventritt's order as follows:
Following the afirmanCe Of the order in the
Grossman case the writ Of mandamus prayed for
Will issue