New-York tribune., 1918-08-14
Judge Benedict to Enter
Permanent Order Restrain
ing Brooklyn Co.
Concerns Lawyer
Held in Contempt
Court Resents Filing of
Hughes Decision During
Term of Order

Justice Russell Benedict Of the Kings
County Supreme Court yesterday an
nounced. after hearing argument, that
he would issue an order to-day making
permanent the injunction which was
obtained by the Public Service Com
mission restraining the Brooklyn Bor-
ough Company from raising it's gas
rates from 95 cents to s1.25. The COM
pany sought to raise it's rates on the
strength Of decision by Charles E.
Hughes, as referee, who held that the
old statutory rate of 80 cents was con-
hscatory, and left the company to fix
its own rate.
Justice Benedict declared that he did
not agree with some of Mr.. Hughes's
conclusions, and he also took occasion
to declare W. W. Thompson, counsel
for the company. in contempt of court
for having filed the Hughes decision
in the County Clerks office pending
the disposition of the temporary in
junction the court granted to the Pub
hc Service Commission. Justice Bene-
dict granted stay in the operation of
the Hughes decision until the whole
matter is finally decided by the Appel
late Division of the Supreme Court
next October.
Disagrees With Hughes
Il have carefully read the opinion of
Judge Hughes" said Justice Benedict,
"and, although have great respect for
his legal ability as we'll as for his
many other qualifications, I cannot
agree with some Of his conclusions. I
believe he has fallen into error, which.
in carefully prepared opinion, 1 will
point out, and also for what reasons /
disagree with him."
John P. O'Brien, Assistant Corpora
ton Counsel, appeared for the city;
ex-Justice William L. Ransom repre-
sented the Public Service Commission,
and Mr. Thompson the gas. company
when the argument on the temporary
injunction came before Justice Bene-
dict yesterday. When Justice Benedict
asked the lawyers what evidence they
were ready to introduce Judge Thomp-
son announced that he offered the
opinion and findings of former Justice
Hughes, which, he said, had been duly
filed yesterday.
II think you are in contempt of
court said Justice Benedict. "The
temporary injunction which I have
granted restrains you from doing any
thing which would enable you to
charge $1.25 for gas. The filing of the
referees judgment and findings is
clear violation of my order. | will dis
regard the judgment, as though it had
never been entered, and will also stay
the judgment pending the decision of
this case.''
Contempt Charge to Go Over
Mr.. Thompson was much surprised
at the contempt charge made by the
court. He declared that he had prac-
tised law for twenty-five years, and
never once Intentionally violated j.
court order. Justice Benedict told him
that the contempt matter could 90
over to some other time
Mr. Ransom offered in evidence the
order issued by the Public Service
Commission on July 8, 1918, fixing the
rate which the company might charge
at 96 cents. He also offered the testi-
mony of Miss Mary Dillon, assistant
manager Of the gas company, taken be-
fcre the commission on August 2, in
which Miss Dillon said that the COM
pany intended to charge S125 as soon
as Referee Hughes's decision in .he
case was filed
During this argument for the citv
Assistant Corporation Counsel O'Brien
said attorneys for the various gas com
panies were in the courtroom WAITING
for the Justices order or word te
make a fall drive on the pockets Of
the consumers" o'