New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-05-22
FURTHER GAS ACTION.
NEW AFFIDAVITS FILED.
Date of Hearing by Judge Laco"'0e
About June 4.

About June 4.
The effort by the Consolidated Gas company
~ declare the new SO-cent gas law unconstltu-
tional was advanced yesterday by the hhns OF
oa7dav.ts with the United States Circuit Court
h, counsel and officials Of the company.
rosanb n. Choate. counsel for the company, in
an afidayit filed argues that If the Consolidated
companv Is restricted to the SO-cent Charge the
nroats in excess of cost of gas for 1906 will b.
reduced two-thirds. This. he argues. will be
nearly $500 a day. due to the decreased rate
alone. without any of the penalties Of the new
law which provides a forfeit of 1900 for each
case of overcharge above the SO-cent rate. Mr.
Choate holds that should the law be construeu
as It stands and the penalty OF $A'UVV LOT every
montbly charge TO each customer in excess OF
the sO-cent rate be insisted on, it would amount
in penalties against the company to $S9OOOOVOV
\ month. or S4,6SO,0OO.OGO year. This, Mr..
,.hoate holds is seventy-fve times the BOOK
value OF the tangible assets Of the Consolidated
Gas Company and exceeds the entire ValuatOl
Of real estate in Manhattan and The Bronx
other affidavits were filed by Colin c. simp-
son superintendent of mains ana assistant Sec
retarv and William H Bradley, chief engineer
Of the company These covered the question OF
assets and investments which has arisen IN the
suit Mr. Simpson swears that there are 18Th
$40 linear feet Of mains Of various sizes owned
bv the Consolidated company, the sizes ranging
from IL inches to SO inches. The majority OF
mains are 6-inch, 2.120.OSS linear feet The
value of the mains In the ground based upon
the cost Of reproduction Mr.. Simpson swears, Is
S12. 6S6 100 One-half Of the total mileage Is
new, he says having been laid since 1854. There
are So 1873 service pipes owned by the company
these being branches to the mains from houses
and buildings and valued at S1,194.OS4
Mr. Simpson, in his AFFIDAVIT devotes consid-
cradle space to the alleged danger from instaIa-
ton OF the many electric railway lines In Man
haitian, which he says has caused the mains to
deteriorate to an alarming extent He says
there is imminent danger Of further serious de-
terioration from "electrOytic action. due 70 many
newly installed electric systems, such as the
Manhattan elevated and the Interborough SUB
way" He also dwels on the probability OF
many new roads in the future being electrically
equipped and adds that this will further IN
crease the danger.
Chief Engineer Bradley swears that the maxi
mum daily capacity Of the water and oil gas
plants is AZ, 100000 cubic feet, Of a total manu-
featuring capacity OF the companys plants in
operation of II. 100000 cubic feet. This does
not include the 18th street plant. he adds. which
has a daily capacity Of 100000 cubic feet, for
the acquisition of which condemnation proceed
ings have been instituted by the city of New
York. and, Mr. Bradley adds "for which the
city has not yet paid" The value of the manu-
featuring plant of the Consolidated Gas Com
pany. he says. is $1S.321. 900.
Mr. Bradley treats Of the other law providing
that the minimum gas pressure shall be not less
than one inch and the maximum not more than
two and one-half inches. and says: 1T is abso-
lutely impossible 20 live within the law on a
minimum pressure of one inch and maximum
pressure OF two and one-half inches No cOun-
try in the world and no state in the Union with
the exception of New York, has ever passed a
law to hold the gas pressure down below GER
tain figure"
Emphatic denial was made yesterday by off,
Gals Of the Consolidated Gas Company Of pub
lshed statements that an order has been issued
to charge SO deposit hereafter, instead of S.
as at present 1t was said that the company
would gladly do away with all deposits If it
could. and that no one is asked for a deposit
who has any credit with the company. Credits
being established, 1t was said, deposits are re-
turned. The company does not own the fixtures
in any house, ii was further argued. and if a
bill is not paid there Is nothing that can be
levied on, and the deposit is the only means of
insurng the payment Of bills. OF some six hun
dred thousand consumers Of gas. only about one
said.
The officials. in speaking of the afadavits filed.
corroborated Mr. Bradley in saying that the
company is daily violatOr of the law in refer
ence to the maximum and minimum pressure
Ihey sald II IS FOUND that this BILL made law
after the Stevens investigation, Is impossible
to obey. They admitted that there are penalties
outstanding against the company amounting to
from $4,000 to 100000 where inspectors had
found violations and these penalties are con-
Stantly increasing
The company started sending out monthly
bills yesterday. charging the old rate of 81 a
thousand feet At no time. it was said since
the law went into effect has 80 cents been
charged.
The sum of 5000 900 was received Yesterday
by United States Commissioner Shields from
the Consolidated company, representing 20 per
cent OF the companys bills or estimated bills
for May. second check for 49,, 900 was re-
ceived from the New Amsterdam Gas Company
The money was deposited with the Citizens Cen
trail National Bank to remain pending the ar
gUment on the application for a preliminary in
junction. pending final hearing on the suit to
restrain the state and city officials from enforc-
ing the provisions of the S0-cent law Should
the ultimate decision favor the law, to the
amount returned each subscriber an annual in
terest allowance Of per cent will have to be
made.
The published statement that Judge LacOmbe
had promised to decide the temporary iniunc-
tion question within forty-eight hours after
indictment the court says is wrong and that
he was misunderstood. Press of work in the
Circuit Court of Appeals will delay consideration
of the case before about June f.