The sun., 1909-02-05
GAS MONEY BACK FEB. %
THAT DATE LIKELY TO SEE
THE Distribution BEGUN.
Mandate OF the Federal Supreme Court
Received Here-Many Accountants
.Needed-Tsngies Expected over DE.
eedents aud Dissolved Partnerships.

The mandate OF the United States
Supreme Court in the gas case reached
here late yesterday. and this morning
Judge Lacombe In the United States Circuit
Court will sign the final order directing
the distribution OF the money deposited
by the Consolidated Gas Company, in
whose suit the decision OF the Supreme
Court was rendered
Judge IIacombe has had several con-
situations with John A. Carver, counsel
for the company, over the plan for dis
tributng the money and the plan finally
decided upon will be Incorporated in
the decree which will be made public
this morning. It was learned that the
date decided upon for the beginning Of
the distribution is February 23.
At frst it was hoped to begin 1t next
week. but the representatives Of the
company explained that they would have
to hire large force OF accountants and
instruct them before the payment could
begin. II will also be necessary, for
United states Commissioner Shields to
appoint an auditor for each place OF
payment. These jobs are bound to last
year or more. In the decree to be
issued il will be announced that the dis
tribution OF the money il made over the
company's protest and shall not preju-
dice any new suit the company may
commence.
The amount involved in to-day's order
ia about s7,OO0OO0 The other COM
panies, however. have decided to make
only q formal protest against the disA
tribution Of the 5000 900 or so helc for
them, but before a distribution of this
can be directed the city must make
formal motion to dismiss the injunctions.
This will be done before Judge Noyes
in the New Amsterdam company's suit
to-day 1t is probable that payment
of the rebate 10 consumers Of all com
ponies will begin on the same dey.
IL turned out yesterday that the orig
inal decree Of the Supreme Court had
been amended SO as to reserve the right
Of the Circuit Court to proceed to make
Of the fund which has accu-
mulated in its hands pursuant to the offer
contained in the company's bill and by
reason OF the terms Of the injunction
order heretofore granted by the court"
The original decree said nothing about
the fund. and in its petition for a rehear-
ing the company called attention 10 it
and ask ed that II be preserved
1t was announced yesterday that in
paying on the company will insist upon
having the fullest protection. In other
words. IL will insist upon legal proof Of
claim As matter Of fact the lawyers
haven't yet figured out all the compli-
cations that are possible. but il was pointed
out vest erday that undoubtedly many
Of the persons whose names stand on the
books are dead In these cases. 10 pro-
tect itself the company must insist upon
proof that a claimant is the proper heir, !
Another Troublesome class. whose case
may have to be adiudicated in the courts. !
are those OF dissolved partnerships. In
he cases OF some business concerns /
low defunct the amounts run up near the |
thousands.
The New Amsterdam Gas Company
eased yesterday for one year from the
rlstees OF the Fourth Avenue Presby-
erian Church the store and basement at
100 Fourth avenue. Folsom Bros. we're
he brokers. The gas company will use
he place to distribute it's 81 200 900 rebate
und. Some Of the other companies may
lse the place when the New Amsterdam
5 through paying out.