The Penn's Grove record., 1915-06-18
c : Gas uaHE.o.
Court Of Appeals Reverses Itself In
Confirming Supreme Court Decision.


The Court of Errors and Appeals
reversed itself and the people of New
Jersey won a great victory when, by
a vote OF 10 to 6, it affirmed the Su-
preme Court in upholding the 9O-cent
gas rate fixed by the Public Utility
commission to be charged by the Pub
lie Service Gas Company. This ac-
ton closes the most remarkable liti-
cation in the history of this State.
n original decision by the Appeals
Court set aside the Supreme Courts
finding.
The decision was based upon the
opinion written by Justice Swayze, in
the Supreme Court. At the same time
the Court reversed the Supreme Court
In dlsmissing the writs of certiorari
sued out by Paterson and Passaic to
review the Utility Boards action. IT
remains to be seen whether there will
be a still further attempt to have the
Utility Board reduce the rate for gas.
In the opinion Justice Swayze held
that IN a case such as this the Utility
Commission ought to move with great
caution and he thought that they had
done so. The most startling finding
in Justice Parker's opinion was to the
effect that the franchise is subject
to taxation and had substantial value,
and he held it to be to
assign a nominal value to a franchise
when substantial value is reflected in
the market value of it's securities. 1t
was the laying down of this principle
by the Court that led to the indigna-
ton of the people of the State and
the demand for a rehearing.
The vote of the 10 members who
sat in the case follows: To affirm
the Supreme Court-ChanceIlor Walk
er, Justices Trenchard, Kalisch and
Black, Judges White and Terhune.
To reverse-Chief Justice Gummere,
Justices Parker and Bergen, Judge
V~redenburg.
The vote previously was: To affirm
Chancellor Walker. Justices Tren-
chard, Kalisch and Judge Terhuna.
To reverse-Chief Justice Gummere,
Justice Parker, Bergen, Judges Vre-
denburg and Heppenheimer.
Judge Heppenheimer did not hear
the second argument. 1t will be re-
membered that George L. Record, as
counsel for Paterson and Passaic,
asked the Court that Judge Heppen-
heimer be barred from sitting be-
cause he was financially interested
in concerns holding bonds of the Pub
lie Service. His fellow-members OF
the Court decided, however. that he
was not interested to the extent that
he should be disbarred from sitting.
Judge Heppenheimer withdrew later
when public sentiment on the ques-
ton seemed to be emphatic.
Judge Williams did not sit in either
argument because he was a member
of the original Utility Board that
made the 90-cent decision. Judge
Bogert did not sit at the first argu-
ment because of ill health, and his
successor, Judge Taylor, did not sit
at the second argument. Judge White
and Justice Black heard the second
argument, but did not hear the first.
Justices Swayze, Garrison and Min
turn were the three who heard the
case in the Supreme Court and so
could not sit in the Errors Court.
The Court Of Errors and Appeals
has affirmed the judgments secured
by Lewis Starr, of Camden, as trus-
tee in bankruptcy for Jacob Mick,
against the Royal Exchange Assur-
ance of London, England; the Fire
Association of Philadelphia, the Home
Insurance Company, the Springfield
Fire and Marine Insurance Company
of Massachusetts, the Peoples Ma
tional Fire Insurance Company of
Philadelphia, the Girard Fire and Ma
rine Insurance Company of Philadel-
phia and the Pennsylvania Fire In
surance Sompany. The companies
sought to have judgment set aside
because Of fraud. 1t was charged
Mick's son i~nnocently gave false
records to the companies. The Court,
however, in an opinion by Justice Ber-
gen held that when an insurance
company is the victim of an innocent
mistake of the agent of the insured
his right to recover his actual loss is
not forfeited.
Upon the theory that Bertha M.
Morris was riding upon a pass, and
she assumed all risk, the Court of
Errors and Appeals has affirmed the
judgment in favor of the West Jer-
sey & Seashore Railroad Company,
/ diroof0d fN fhn c1,if hrAY,nHk ~, An.
Morris for damages when injured by
a rear-end collision. She held a pass
because her husband was employed
by an express company which rem
dered services to the railroad, and
Justice Parker held that under the
recover.
That the permission granted to po-
lice officers in uniform and on duty
to ride free on trolley cars is a con-
stitutional exercise by the Legislature
of its police power was the theory
upon which the Court of Errors af.
firmed the opinion of the Supreme
Court in the litigation caused by the
refusal of the Public Service Railway
to carry Patrick Sutton, a police of
ficer. The opinion in the case was
written by Justice Garrison. and holds
that the presence of officers upon cars
has a tendency to prevent disorder
and afford protection to passengers.
Stock Waters of Three Counties.
The Fish and Game Commission,
which has been netting the Jersey
City and Orange reservoirs for fish.
has secured 1000 fish from these
waters, which have been distributed
in the northern part of the State.
The fish taken were white perch,
bass and pickereI. Some Of the bass
and pickerel weighed four pounds
each, and the white perch measured
from four to eight inches in length.
The Commission distributed the
fish equally among three lakes that
r popular with New Jersey anglers.
Many Firms Incorporate.