The Washington herald., 1909-01-05
GAS
LAW is UPHELD
Confined from Page One.

Confined from Page One.
ue.l operation Of its supplying gas al the rates
mentioned IL the statutes
~ There Is 20 rJsle as % any particular Tate
which any corporation subject % legislative cortr'l
IN the matter has night to obtain without legs
lariEe inte-fereuce. L depends upon Circumstances
ard locality. IN this particular case. with refer
erce 20 the risk Attending the bushes ard the
I0zlity where Il Is carried On. the complainant -
entitled 70 q fair return Il L Is possible. q Der
cent upon TIE fair value OF its property actually
used n its blsiness Of supplying gas
No Question of Discrimination.
tSI There Is 70 Discrimination between the iudi-
vdual consumer and the city. By fixing the TTce q
gas for the CITY AZ cents TeT thousand clh8c feet
less than Is permitted the case q individual con-
s1mers 50 far a. least sc the oonp-ainaut il cor-
csrued- II the amount Obtained from TIE total gas
sold 20 the city and the individual IS enough 70
secure the requisite return upon property. i Is ali
the co-nplzirant can require. ard the question q
Discrimination between city and individual Is oue
IN which TIE complainant can have no Interest
% TIE Tate IEOUosed must be WIKI reference %
the valae q the property a. the tine whel the rate
takes eEsc- Tie company is entitled % The benefit
Of any increzss IN value az that tine TINS. AZ
least is the general r1le. and If there be any e1-
cepzioa to the rule, this c2se does not cone WITH
- L.
lsj ANY increased expense arising fr0n the IL
creased cznile power q the hight demanded D. the
statutes was incuded substantially IL the expenses
Of tie year gsa5l with reference % which tie II
qyliry vas Hszds-
demonstrations Requirement
~ The provision II the arts requiring a Ger
tain pressure = unconstitutional The p-oot IN
questionabIy shows grest possible, not probable,
danger 4 explosion in the mains o. othe- pipes.
f the pressure demanded were applied 70 then as
hey n9x are To eliminate s1ch danger would IL
cure s-raaztheninE az the mains anS other pipeA
wh:ch ~7'zld iaTclve a. expenditure q EzDy I'll
Ions Of dollars. upon which 20 return could De-
ot-airef 81 the rates pcssc-ibed b. the zc1s- Inc
u-Jyisi1n can Re separated hGssTer, r-on the rest
valid
Tie p-es1-e ruust be Sufficient 20 Troduce light
Of the cz15ls poTs- mentioned n the acts
20 Il tie court below IS right n is coust-71c-
tion q the penalties as 70 their sm0uu- &c- slch
peualtes are void bzt are ssparzble from the rs;
Of tie acts ard he balance can Be efec7laly car
ned CIT
WI The complainant has. n fact substantial
monopoIy O. the gas business In tie city q New
York. and those WhO wish 20 Cse gas uus- take
il from complainant IN this case, - there = no
uossbilit- q competition, there should Re 70 allow
a1ce for good vilL
~ As L may possibly be thai g PRACTICAL *
perence Il the effect q The acs hy actual opera-
ton ur6e- then might prevent the complainant
from Obtaining q far and Just return upon Is
properly used N its business q supplying szs
the complainant. n thas event ought % have the
opportunity q again prsSeutIns It's czse 20 the
e7s1-r Therefore. he decree : reversed with d
recti0ns 10 dismiss the hill without p-esudice-