The weekly times-record. (Valley City, N.D.) 1912-1922, 1918-12-26
LANCER APPLIES
FOR REVERSAL

Bismarck, Dec. lS.-Iaklng issue
with the portion of the supreme court
decision rendered recently in the Bis
marck Gas Co. case in which the opin-
ion of the court as written by Judge
James E. Robinson declared that the
board of railroad commissioners has
no rate fixing power over privately
owned utility corporations, Attorney
General LANCER today applied to the
court for rehearing on that part of
the decision.
Ringing on the action Of the court
in answer to Attorney General Lam
gers petition are the Fargo and Grand
Forks light, heat and power rate hear
ings set for January % to 30 which,
if the construction now placed on law
stands, will have to be stopped. A
large number Of privately owned util-
tiles have been inventofied and ap-
praised and an audit made of their
books by the railroad commission.
Through the attorney generals office,
with view of establishing just rate
for the services rendered. Should the
court hold to it's opinion the board of
railroad commissioners will have no
jurisdiction or rate fixing power of
these corporations.
The principal part of the decision
in question referred only to the juris-
diction of the district court in refer
ence to the suit brought by the city of
Bismarck against the Bismarck Gas
company, which had arbitrarily raised
it's rates in spite of a contract entered
into by both parties to the action sew
eral years before.
Justice Robinson in writing the
opinion of the court incorporated an
interpretation of chapter 208 of the
laws of 1915 relating to the rate fixing
powers of the board of railroad COM
missioners. He held that this statue
conferred jurisdiction on the board to
regulate rates only in the case of
municipality owned heat, and light and
power companies, and that they had
no jurisdiction over such utilities when
owned by persons, firms or private
corporations. The decision was one
of several which were rendered on the
last day Chief Justice Bruce held Of
flee.
The litigation was occasioned by the
Bismarck Gas company adding a sur
charge of so cents per thousand cubic
feet of gas to the maximum rate es-
tablished by it's charter. The city of
Bismarck applied to the district court
for an injunction to restrain the gas
company from making the additional
charge, with the result that the gas
company then applied to the supreme
court for a writ of prohibition to pre-
vent the district court from issuing
such an Injunction on the grounds that
the city remedy was to apply to the
board of railroad commissioners for a
hearing.
The supreme court held that the dis
trict court was within it's jurisdiction
in issuing the injunction asked for and
that the gas company or any other
public service corporation could not of
it's own volition increase it's rates be-
yond the maximum fixed by it's char
ter The opinion of the rate fixing
powers of the board of railroad COM
missioners Was also included.
Attorney F. E. Packard, at the re-
quest of Attorney General LANCER,
whose department is severely handi-
capped by the resignation Of Justice
Bronson and by the enormous amount
of work acquired in the railroad tax
cases and other pending litigation, is
applying to the supreme court on be-
half of the board Of railroad commits
sioners for rehearing of portions of
the opinion of the Bismarck Gas COM
pany now in dispute. Attorneys for
the gas company announce their in
tention of joining in the petition for
a rehearing of the case.
DR.. F. l.. WICKS. OCUL1ST
Special attention given to the fit
.,ng of glasses. Wicks Block. Phone