New-York tribune., 1921-05-17
u. S. Supreme
Court Rejects
City Gas Plea
Municipal Authorities Have
No Right TO Intervene
i'm Brooklyn Union Case,
According to Decision
8O-Cent Fight Goes ON
Corporation Counsel Says
Ruling Does Not Affect
Constitutionality of Law
From The 7ribnne's woshfsUtos Bare1,.

From TIE ITfbhns's WdsAtnufon Strecs
WASHINGTON, May 16.--The United
States Supreme Court to-day dis
Etissed. for want Of jurisdiction, the
appeal of the City of New York from
decrees of lower courts denying 1t the
fright to intervene in the Brooklyn
.Union gas case. No opinion was
banded down, Justice McKenna mere
" announcing dismissal Of the case.
Phe dismissal was on the ground that
She city had no property or other legal
apterest in the suit over the constitu-
tionality Of the S0-cent gas law.
The effort of the city to intervene is
only phase of the controversy over
gas rates in New York City and the
merits of the controversy are not
affected by to-day's decision. The
question of the constitutionality of
the S0-cent gas law is to come before
the Supreme Court on October II on
an appeal from the decision of Judge
Hand in Federal District Court in New
York year ago sustaining the report
of Special Referee Gilbert that the So
cent rate was confiscatory and uphold
ing the contention of the Consolidated
The ruling to-day was on the city's
appeal from the decision of Judge
Hand in the Brooklyn Union Gas case
overruling a motion by Corporation
Counsel O'Brien asking that the city
be allowed to intervene. The Supreme
Court upheld the lower court by stating
that the lower court had full right to
decide whether or not the city should
intervene.
Eighty-Cent Gas Law Not Affected
Corporation Counsel John P. O'Brien
in commenting on the Supreme Court
decision last night sLid that it did not
affect in any way the constitutionality
or unconstitutionality of the 80-cent
gas law. He said that the case before
the Supreme Court in this instance was
the appeal of the city from the ruling
Of the Federal District Court here in
the Union Gas Company case, which
denied the city's right to intervene as
a codefendant with the Attorney GEN
eral of the state, the District Attorney
and the Public Service Commission, in
the tight to enforce the S0-cent gas law
THE Supreme Court has evidently
taken the position that it ia discretion
ary with the lower court whether the
city can intervene a. co-defendant in
the gas cases." said the Corporation
Counsel, and consequently the highest
court has no jurisdiction in the case as
matter of law. Argument on the con-
stitutionality of the 80-cent gas law
has been set before the United States
Supreme Court for October II next,
and $1,000 pages of testimony on the
subject have been submitted TO that
court by the defendants.
Argument on the Kings County Gas
t0TlnSTu will hot
preme Court at the same time in order
to include Brooklyn in whatever de-
cision is finally rendered. The defend
ants were anxious to get these cases
before the Supreme Court in April last
but the court did not see fit to take
them up before adjournment and post
poned the argument until fall.
City Represented in Case
''The city is represented in the gas
cases now through the District Attor-
ney as defendant the only difference
being that We got in the back door in
stead of the front door, and we hoped
that some of the special features in
the Union Gas Company case would
bring the issue within the jurisdiction
of the Supreme Court and they would
let US in the front door. l am conf
dent that the city will be sustained in
its fight for the eighty-cent law when
the matter does come before the high
est tribunal. Meanwhile we are in it,
just the same, with bells on, and ex-
pect to win"
Mr.. O'Brien said incidentally last
night that he might file a new motion
in Federal District Court, asking that
the city be made co-defendant. since
the new Public Service Commission
had announced that it would not an
pear as a defendant in the oras casa