New-York tribune., 1919-04-25
Swami Seeks
Dismissal of
Gas Complaint.
TO Move in United States
Court for Relief From In
junction in Fight to lis.
cape 8O.cent Rate Law

District Attorney Swami served
notice yesterday upon the Consolidated
Gas Company's attorneys. Sherman g.
Sterling, SO Wall Street, that he had
made motion to dismiss the bill Of
complaint filed against him by the
company on January 16. regarding the
eighty-ccnt gas law OF 1906.
The Consolidated Gas Company. on
January 16, asked the District Court
of the United States, Southern District
Of New York for permanent in
junction restraining Mr. Swami, At
torncy General Newton and Commits
sioncrs Whitney, 1lcrvey and Kracke,
of the Public Service Commission.
from taking any action against the
company's petition that the eighty
cont gas law Of 1905 bc declared ul,-
constitutional.
Mr. Swanh's motion was filed if, the
District Court of the United States,
SeatsrdeS- A bearing Wil be held on
ts5 -
object Ut The suit
~ MS yuotiou Mr. NWonn seis forth
'tll9l the object Of the suit, and The
frlitf sought rs TO enahls The complain.
Nhf 20 charge the consumers Of gas n
rate which will yield the complainant
net prollt In cHcess Of Whnt hna been
considered by the United stnteA Supreme
court 70 be n Fair return upon It's prop
crty and investment, and TO enable The
complainant TO charge lis customers II
ptlee FOR gas which Is unfair and ex-
oibitanti and that the granting Of relief
sought, under The facts and cireufn-
stances disclosed by the bill Of com
plaint, you'd be greatly prcjudicial and
detrimental 10 the rights and interests
Of The d9s,GG0 customers Of the coin
jlaihatt ana Of the public tenerallv,
and That the bll Of complaint is there
fore deficient fer Want Of equity"
VIZ SWahn further says "thaf the
nNttets concerning which The e0mplaln-
ant seeks relief present economic ufUb-
lehs Of nature such ihai lie e6hSll
lutiohal n0waf 10 dea With them and
nnd q solution thereof Is vested solely
u The Legislature nf the State Of Nav
either the state or the Federal gopern-
menl"
Selected One Year Only
Ia another part of his motion Nh
Swami says;
That it appears upon the face Of
the blll of complaint that, although
the statute laws of 1906, Chapter
l25) has been IN force for over twelve
years, the complainant disngenuousiy
has selected, as the basis for its calcu-
laton and its contention that the rate
fixed by the said statute is unreason-
able and coniiscatory. the receipts and
expenditures of the complainant dur
ing single year, to wit, the fiscal
year ended October 81, 1918, setting
forth, and merely in bulk, the receipts
and expenditures Of the complainant
during that year alone, suppressing
ard conccalng from the court the
facts and figures concerning the re
ccipts and expenditures of each and
every other year from the time of the
enactment OF the statu ) to the time
of the filing Of the biz OF complaint
herein and supprcssins and conceal
ing from the court the dividends de
clared and paid by the complainant
not only in and for the said fiscal year
ended October 81, 1913, but also in and
for the other said years.
In it's bill of complaint, of January
l6. the Consolidated Gas Company
asked that Chapter 125 Of the Laws
Of 1906. which covers tho cighty-ccnt
gas bill, "bc adjudgcd and dccrccd H.
legal and void in contravention Of Sec
ton 10 Of Article I and the Fourteenth
Amendment Of the Constitution.