Palisadian. [volume] (Cliffside Park, N.J.) 1906-current, 1915-01-09
GAS DECISION
REHEARLNG|
Giorge L. Record Fighting hard
to Prevent Raise in Price.

Bergen county is directly affected
today by the move of Counsel George
l.. Record, who filed on behalf of Pat
erson and Passaic the petition to the
Court of Errors and Appeals asking
for the reopening of the famous gas
rate decision rendered last month by
Justice Parker-the decision which
set aside the ninety cent gas rate and
which would enable the Public Serv-
ice Corporation to jack up the rate
to one dollar or more in Bergen or
elsewhere. The argument on this
motion for rehearing is to be made
in the State House in Trenton on
January 18th.
Not only Paterson and Passaic, but
the municipalities Of the entire State
are involved in this momentous pro-
ceeding, the outcome of which is
fraught with the most far-reaching
consequences. Already the mayors of
Jersey City, Newark, Trenton, Pater-
son and Passaic have called State
conference of the municipal executive
officials of all the cities of the State
for the purpose of backing up Mr..
Records fight for the reopening of
providing for the adequate taxation
of the franchises of the trolley, gas,
water, electric companies. This State
conference is to be held in the Newark
City Hall on Friday, January 18th, at
IL a. m.
In his petition for the reopening of
the case, Mr.. Record points to the fact
that the decision against ninety-cent
gas was handed down by six of the
sixteen judges of the Court of Errors
and Appeals. Four of the judges
voted against the decision and six of
the judges had no part in the proceed
ings at all. Mr.. Record contends that
so vital decision rendered by mi
nority of the court of last resort can
not command public confidence, and
that every member of this court
should welcome the opportunity to
have every member who is constitu-
tionally eligible to sit in the case. 1t
is now possible to have this case re-
argued before a court in which there
shall be three judges who did not take
n:ert in Justice Parker's decision.
Tki- eaee is a matter of vast pub
lie Importance" insists Mr.. Record,
sit involves a new important scheme
of public policies sought to be inau-
gurated by the Legislature, it involves
also large financial interests. A de-
cision of so much Importance ought
to have the attribute of stability, and
a decision such as this, handed down
by minority of the court, is so un-
certain and unstable that the whole
question is sure to be at some time, in
some other case, again raised in the
court for renewed discussion"
Mr.. Record also said: "The effect
of the decision of the court is to null
lily the whole scheme of public utility
companies recently enacted by the
Legislature of New Jersey. That
legislation proceeded upon the theory
that the public should not be left to
competition between public utility
corporations as means of securing
just and reasonable rates; that reg
ulated monopoly in such business was
better for the State than competition,
and that therefore the State would
recognize public utility corporations as
virtual monopolies, and would through
a proper commission itself fix the
rates to be charged by the monopoly.
The effect of this decision is that
these companies are confirmed in their
monopoly of the public utility field,
and that the power of the public
through the Public Utility Commits
sion or otherwise to fix rates is in
effect nullified and denied. The rea-
son for this is that the court in its
decision holds that substantial
amount must be allowed by the Pub
lie Utility Commission for the value
of the company's franchises" Mr..
Record holds that such method can
not be carried out with justice to the
people.