New-York tribune., 1909-01-05

when the day Of settlement came. Mr. Burr SAID
he believed that there would be little friction IN
making the distribution. The city still has sew
eral suits against gas companies TO E7Ve theH
franchises declared invalid
The decision yesterday follows fight against the
high price Of gas for more than ten years IL was
not until the Legislature Of 1905 took up the ques-
ton by the appointment Of joint committee TO
investigate the cost of making gas and all the
details of the business IN this city. that definite
shape given to the crusade. Governor Hughes
was the counsel for that committee, and early IN
the hearings in this city he brought out the 1act
that the Consolidated Gas Company enjoyed prac-
tical monopoly of the business and. in addition by
means of experts II was learned that the cost OF
manufacture away below the figures generally
given out Abuses were shown in the manner Of
keeping the accounts and suppressins competition
BEGINNING OF LEGAL BATTLE.
The next Legislature with the Of facts
brought before It through the efforts Of Governor
hughes passed the so-cent gas law On May 1.
1906. when the statute should have gone into effect
application was made the United States Circuit
Court for injunction to restrain the county and
state from enforcing the law. Judge Lacomoe on
May 1S issued injunction. The court held that
the company should deposit the 20 cents difference
with Commissioner Shields until final decision
Judge Lacombe appointed Arthur H Masten. OF
No. 40 Wall street special master 70 take ev1-
dence and hear arguments.
Mr. Masten in his opinion. upheld the gas COM
submitted acquiesced in it December 1e, 1907.
and the case went to the United States Supreme
Court The case argued there by Messrs
Beck. Carver and Matthewson for the company. and
Mr. Whitney for the Public Service Commission
Attorney General Jackson for the state and ex-
Judge Alton q. Parker for the city. The case did
not reach the Supreme Court until October 49,
The fight has cost the city about s4s2.7s2 A
United States Court clerk received 55 for signing
the transcript of record The printing Of the ap-
peal cost more than $1,000 Mr.. Masten, the special
| master received a fee of s2as50-
In the bill of complaint the Consolidated Gas
| Company claimed assets of A0o.0000O0. Before
Judge Hough the amount reduced TO A1,S3l,ooO
tangible assets and 81 900 900 allowed for other
values including the franchises This, II said.
| according to the admitted earnings. allowed the
| company little less than per cent at the new
| statute price 1t was said at the time that Judge
Hough upheld Mr.. Masten's finding merely that
the case might receive final ruling at Wash
| ington.
General James Jourdan. president OF the Brooklyn
Union Gas Company, said last night that he had
not had an opportunity consult the counsel OF
the company, Colonel William N Dykrnan. about
| the decision. to go over II carefully, which
made it impossible for him to say just what he
| would do But General Jourdan said that the opin-
ION invited rehearing. which gratifying. "a
| 1t gave the companies another chance
! This company has been selling gas the statute
price of so cents with the understanding that II
the decision at Washington in favor of the
pay the cents difference from the time that the
| reduction was made TO the date of the decision.
He said that gas could be produced for 50 cents
but added that the profit would be too small tc pa1
reasonable interest the money invested In tbs
| business.