The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1914-04-30
JUDGE DAYTON. OF FEDERAL
COURT. eNJoiNs PUBLIC
SERVICE COMMISSION
From Enforcing Recent Order. Naming
Rates TO Be Charoed-Order Ef-
fectise Until May IS.

Declaring that IL Is his opinion tina;
nreparable loss and damage would
result 10 the complainant corporations
unless a temporary restraining order
be granted. Judge Aston c. Dayton.
of the United States Court for the
Northern District OF West Virginia
has awarded a temporary restraining
order. enjoining the State Public Ser
vice commission from enforcing Its
recent order. naming rates TO be
charged domestic and industrial con-
sumers OF gas by the Manufacturers
Light A Heat company and subsidiary
corporations. The restraining order
is effective until May IS. when a
hearing will be conducted on the mo-
tlon for an interlocutory injuctioa
The State Public Service commits
sion announced n ruling April %.
which declared that present rates
charged for gas by the companies re-
ferred to above are excessive. unjust
and unreasonable. and amended the
rates. making u general decrease 20
the consumers served in practically
all OF the northern section of the
state. The new schedule was to have
become effective May /.
Counsel for the companies. the
Manufacturers Light * Heat company
and eight subsidiary concerns. applied
10 Judge Dayton for an interlocutory
injunction. to enjoin. suspend and re-
strain the enforcement. operation and
NAecution OF the order of April %. and
also TO restrain the defendants. mem
bers OF the State Public Service COM
mission, from proceeding with the en-
fcfcement of an order made by the
commission. October 20, 1913 This
order prohibited the gas companies
fiom putting into effect proposed
'~ncrease in rates. a petition for per-
mission OF which had been filed with
or mn les ion, hrrF hs
companies. Consumers. both domes-
tic and industrial, protested against
tie proposed increase in rates. ana
II was during the hearing OF these
protests that the order was issued
Judge Dayton's order Is dated Aprfl
-. II was filed In the federal court
here yesterday. being entered in the
equity side of the docket
Nine Companies Named.
The Manufacturers Light and Heat
company. the Manufacturers Gas
company. the Tri-State Gas company.
the Wheeling Natural Gas company.
the Ohio Valley Gas company. the
Blackville Oil and Gas company. the
Cameron Gas and Oil company. the
Wetzel Gas company and the New
Cumberland Water and Gas company
.sare named as plaintiffs
Lee OFT, Howard n. ogden. Charles
n. Bronson and Wade G. Kilmer. pup
Tic service commissioners of West
A bill of complaint was filed BY the
companies with Judge Dayton. The
bill comprised 29J pages, containing
principally exhibits and testimony
taken at the hearings of the public
service commission In Wheeling and
Charleston while the fight against the
proposed increase in rates was being
waged. This bill was filed with the
restraining order in the clerks Office
here yesterday
Before Three Judges
The hearing on the motion OF the
complainant companies for an inter
locutory Injunction will be conducted
IA IN the federal court rooms in this city
May 10. beginning at 40 O'Clock n
viii be before three Judges. one of
whom will be- Judge Dayton One of
the judges will be either a Justice of
the United States supreme court or
judge of the United States circuit
court The third will be a United
states district judge
y The hearing viii undoubtedly be
one OF the greatest legal battles ever
waged in Wheeling. IN the event that
justice of the United States SUI
preme court is selected as one OF the
three judges IL will be the first time
a turist Of such prominence has ever
sat in Wheeling. n has been more
than 20 years. according To- promi-
nent local attorney yesterday. since a
United states circuit Judge has con.
The gas companies will be- repre-
scented by wei known attorneys. in
GLIDING A. Leo Well Of Pittsburgh
and former Governor William y
Glasscock Charles McCamic of this
city Is associate counsel The public
service commission will probably be
represented by Attorney General A
A Lilly and other counsel
In his order Judge Dayton instruct.
Cd that notice of the hearing be- given
Governor Hatfield. Attorney General
Lilly and members Of the public serv-
ice commission. Copies OF the order
have been placed in the hands ~
United states Marshal Smith ~ Par
kersburE 90 BE- served upon tho hon.
y ables named above a. the earliest
Possible moment
The Restraining order.
The following ls q copy of the order
awarded by Judge Dayton
80 District rnurf uf Dol. rnIfsF
ststes Tor the northern District ~
West Nrgini7 h'id at WheeIuE.
April g. i'iLc....
Ihe Manulactursr. Iirrt ~ Heat
,onpany. Lhe Marufarturors Gas
,gfnnany The fri-st'te G7e Conn
COMPANY. The Hlorls,iIe cd a Ga1
company. re cameron cos Oi
and The New Cumberland water y
Cas- COMPANY. Plaintiffs.
,o.. in .q1ity
= ~. ''NNH NN''HH NN'N m NNN'I.II. NHNI""
~. Thomson. and wade a. kffrrrr.
Public Service fumUIarI.n OF the
state Of Wet virginia B.feuHarfa
L6btS iisat -orfs.,' aa5 til ais.-
Ulaintma above named hu counsel
rrorrnfod choir UHI Ir equity. duly
verified. aging among other things
t1 0ulplu unH restrain fhr defend
lrtH from proceeding with fne rr.
tofDf fufut uf The order made hV aaiH
defendants on ne Enfn dar I'd tif.
fnher 1913. IN fhr HII mentioned
ard 20 cnloln. suspend and restrain
fre enforcement uur ration and rnr.
cutlon OF the order .n tlc bin mrnt-