The Washington times., 1907-12-02
Corporation Counsel
Thomas Contends That
Gould Has No Au-
thority to Decide.
Justice Will Make De-
ciSion on Districts
Prayer of Dismissal
Friday.

Legal battle between citizens OF the
District and the Washington GasIight
Company, which seeks to further gouge
the public by watering is stock, was
begun before Justice Gould, IN the Dis
trfct Supreme Court, today.
Corporation Counsel Z. II. Thomas. in
motion fled today, questions the juris-
diction Of the court into which the gas
monopoly has taken the case for ulti-
mate settlement Mr.. Thomas, in his
motion, declared that the power con-
ferred by the act OF Congress was not
judicial and therefore not a question
that can be determined by judicial as
certainment. He made a formal motion
that the proceedings filed by the gas
monopoly be dismissed.
Justice Gould said argument on the
nonJudlciaI feature OF tie case would be
heard by him Eext Friday. Until that
time the legal proceedings Will remain
IN statu quo. but VIII be eagerly
watched by the Commissioners, MI.
Thomas. and the countless thousands OF
victims Of the gas monopoly.
Reasons Given by Thomas.
In his motion today. Corporation
the following reasons:
That the act OF Congress entitled,
An act relating 10 the sale OF gas in
the District OF Columbia approved
June G. 1886, under which said petition
is fled does not Eonfe- Jurisdiction on
the Supreme Court Of the District OF
Columbia to grant any OF the relief
prayed for in Cnd by said petition.
-
ferred on the Supreme Court Of tho Die
trict OF Columbia IN and by section 5
OF SAID act Is not judicial power within
the meaning OF Article III. section !, OF
the Constitution Of the United States.
and is. therefore. unconstitutional and
cannot lawfully be exercised by the said
Supreme Court OF the District OF CO.
lumbla.
THAT said section OF the said act IN
tended TO confer power on said Supreme
Court Of the District OF Columbia as a
judicial function and cannot therefore
be construed as an authorization to trR
justices composing the said court 70 ex-
ercise power Hereunder IN the character
Of commissioners or otherwise
THAT said section 8 OF said act at
tempts 70 impose a On-judicial function
upon a court exercising the judicial
power OF the Constitution OF the United
States.
Supreme Court Jurisdiction.
''Tnat il any jurisdiction be conferred
upon the Supreme Court Of the District
OF Columbia IN and BY said section
or the said act It is conferred upon
the Supreme Court OF the District OF
Columbia, as such and not upon any
Justice or justices thereof. holding a
special term thereof. and that the pro-
ceeding in and Oy said petition is not
case within the meaning OF Article
III, section ?. Of the Constitution OF
the United States"
r. Ross Perry & Sons represented the
Washington Gas Light Company with
r. II. GOldsborough and Lambert &
Mclean. Corporation Counsel Thomas
appeared for the Commissioners and
Assistant District Attorney Stuart Nc
Namara for the United States.
Mr.. Perry, who IS also counsel for tho
Georgetown Gas Light Company, EslSed
the court today to fix December 13 as
the date for bearing the exception to
be fled by Corporation Counsel Thorn
as to the report Of Auditor Payne who
plant was $40. 7T.30 1t is the intention
OF the Georgetown Gas Light Company
to increase its capital stock from $780,
O0O to 100000.
The District Commissioners and Cor
poration Counsel Thomas take the point
in this case that Auditor Payne's find
ings were based on matter which should
not have entered into his consideration
in determining the value of the plant
and which we're not intended by the act
OF Congress to be included in an ap-
praIsenlent