New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-05-18
DELAY FOR CHEAP GAS.
BACK TO DOLLAR PRICE.
Court Holds Difference Pending
Injunction Argument.

One dollar thousand feet for Illuminating
gas became active again yesterday, although
June is the last day under which this charge
may be made This apparent ignoring of the
law making so cents the legal charge came
about through a restraining order granted by
Judge Lacombe. in the United States District
Court allowing the Consolidated Gas Company to
charge 81 thousand feet pending argument for
preliminary injunction June f. The excess
above the so cent rate, the order states. must
be paid to the clerk of the United States Cir
cult Court and the Consolidated Gas Company
must file within twenty-four hours a sworn
statement as to the moneys collected and from
whom. The court further stated that IL the de-
cision argument for preliminary injunc-
tinn not in favor Of. the Cof3selss9zeJ t,sa
Company. the money collected above the S0-cent
rate would have to be returned to the custom
ers forthwith by the court
The allowing of the excess charge came about
when Attorney General Mayer, for the state, and
Assistant Corporation Counsel Taylor for the
CITY, argued before Judge Lacombe for an ad-
journment until June 4 to file afidavits Joseph
H. Choate appeared for the Consolidated Gas
Company and said he was ready to proceed with
the argument
Late yesterday afternoon Attorney General
Mayer announced that he had retained Charles
E. Hughes, counsel for the gas investi-
investigation committee 10 aid him as special
counsel in the argument on June T.
Later in the day Robert E. Livingston of the
publicity bureau Of the Consolidated Gas Com
pany, explained the order and said it would work
hardship on the consumer only in case the COM
pany should get its injunction
Since the S0-cent law went into effect" he
said' and We have been fighting it on the
ground that it was unconstitutional, we have
hanTl lie To y7oa1ra
erage output of bills is 1000 day; that is. the
bills are rendered monthly but not on the first
of the month-only from the time that gas IS
used So we have lost a very large amount in
not being able TO render these bills Under the
order OF Judge Lacombe, which acts practically
as preliminary injunction until June 4 when
argument Will be heard we are allowed n send
out the old bills, charging the old rate of 81 =,
thousand feet and the excess over the sO-cen-
rate is TO be given to the clerk of the United
States Circuit Court who is United States Com
missioner Shields. It will probably make much
extra work for the clerk. but it can't be helped
If we lose on the argument we will have 10 re-
turn the money, and if we win we keen If. as
legally belonging to under the old law the
new law having been declared unconstitutional
NO call was made Of the cases of the Central
Trust Company and Peter Reid who bas also
instituted actions against the enforcement oT the
law, aIthonSh counsel representing both COM
painants and defendants were in court. Judge
Lacombe treating the preliminary arguments as
a whole.
Attorney General Mayer asked for an adjourn
ment of a week saying that he had not nau
time to prepare his answering amdavits and
that an appeal from the decision Of the Gas and
Electricity Commission had been taken and was
then pending before the Court OF Appeals for
decision. Mr.. Choate argued that his company
would be in an intolerable position unless
granted some relief pending the adjournment.
He said that the company had offered 10 give
an indemnity bond, would pay the money
collected in excess of the so cents over to the
clerk of the court TO be refunded if the decision
adverse.
Mr.. Mayer said that he ready to argue
the legal aspects Of the case reserving the
right to file his answering afidavits later. Mr..
Choate characterized this as an argument with
a string TO it.
Assistant Corporation Counsel TaylOr ap-
peared for the city, but it was brought out that
the change would not affect the city for under
a law of 1909, the city had been assessed onIv
70 cents a thousand feet for its gas ! Judge
Lacombe then set June 4 for the consideration
Of the case, despite the objections of Mr. Mayer
who argued for an earlier date