Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-12-21
Errors Court Allows Con-
test of It's MinOrity'S
Decision.
WILL BE HEARD NOW BY
MAJORITY OF THE JUDGES
Consumers Petition Must Be
Filed by January 7 and Pub
lie Service Gas Co.'s Side Will
Be Heard on January IA.

special TO the Evening Star.
TRENTON, Dec 21.--The Court II
Errors and Appeal. after confer
ence today unanimously decided that
the record in the ninety-cent gas
cases, which was reversed by the
court, should be retained in the
Errors Court until its further orders.
This means that the court has al
lowed the decision handed down by
a minority of it's members TO be cou-
tested and that the case will be re-
argued before the entire court. The
court ordered that the petition for re-
argument must be filed on January T.
The court also ordered that a petit
ton for reargument must be filed
on or before January Z. On January
IA the court will hear an application
as to why there should not be re-
argument of the cases.
George L. Record appeared as coun-
sci for Paterson and Passaic and
urged first for the court to hold the
reinittitur. Mr.. Record argued that
the decision presented many points of
public interest that involved the ques-
ton of a reargunlent He reviewed the
proceedings before the chancellor,
setting today as the time for making
the application before the whole
court.
I'VE are here now to make an appli-
cation first that the record in this
case be withheld IN this court until
such time as the court can fix day
when we may make an application to
the court for a reargument of the
case
Mr. Record was prepared, il the
court so desired, to enter into an elab-
crate argument at once Off a reargu-
ment, but he thought the court was
concerned now with the narrower
question of holding the record.
ilIolding the record" In ordinary
N6r Is means holding up the effect of
The decision. The record of the case
was scBeduled to 90 "a she sst1k,2ne
Court today, with the result that the
revocation of the ninety-cent gas
order would take effect Immediately.
The effect of the decision, Mr..
Record argued, would absolutely
nuulify the powers of the Board Of
Public Utility Commissioner and the
board would practically be prevented
from reducing the existing rates or
preventing increases. He pointed
that only six out Of sixteen members
of the court voted to reverse the
ninety-cent gas rate, and he thought
this was IAN insufficient number of
judges to pass upon a question OF
such magnitude and public i'm
uortance. This decision has raised
more widespread comment than any
other decision in New eJrsey in many
years. he said. The whole public is
vitally interested in the question of
making, he pointed out.
The conclusion of the court was
announced by Chancellor Walker
Besides Mr.. Record and Frank IL.
sSommer counsel for the Public
Utility Commission, other counsel at
he hearing were Edward r. Merry.
of Patersop; DIR. Albert o. Miller, of
Passaic; Mayor; Seger, of Passaic
John Bentley. of Jersey City; F. NJ.
=. Pearse of Metuchen, and Arthur
NJ. Agnew, Of Bergen, representing
the Eastern Bergen County Improve
Inent Association, an organization of
mayors.
Twelve judges sat in the court
when it was reconvened today. The
absentees were: Chief Justice Gum
mere, who is in the South; Justices
Harrison, Minturn and Bergen.