Opinion · Supreme Court of the United States

Newton, Atty. Gen. Of State of New York v. New York & Queens Gas Co

Newton, Atty. Gen. Of State of N.Y. v. N.Y. & Queens Gas Co, 258 U.S. 178 (1922)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1922-03-06
Topic
litigation

Mr. Justice McReynolds delivered the opinion of the court. . This appeal brings up for review a final decree entered November 19, 1920, which adjudged that in so far as c. 125, Laws of New York of 1906, prohibited appellee from charging and receiving more than $1.00 per thousand/ cubic feet for gas delivered, and sold in the Third Ward, Borough of Queens, New York City, it was and had been confiscatory since January 1, 1919. 269 Fed. 277. After taking a great mass of evidence the Master reported that the actual cost to appellee of manufacturing and distributing gas exceeded. $1.00 per thousand cubic feet and that the challenged act was confiscatory. With this conclusion the trial court agreed and entered an appropriate decree.

Citator

UpLaw has not yet analyzed Newton, Atty. Gen. Of State of New York v. New York & Queens Gas Co. The absence of a flag is not a finding that it is good law.

Cited by
2 opinions
NEWTONv. NEW YORK GAS CO.,258 U.S. 178(1922)
NEWTON, ATTORNEY GENERAL OF THE STATE OF NEW YORK, ET AL.v. NEW YORK
QUEENS GAS COMPANY.
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN
DISTRICT OF NEW YORK.
No. 296.
Argued January 6, 1922.
Decided March 6, 1922.
Approving the conclusion of the master and the District Court that a gas rate fixed under Laws New York, 1906, c. 125, had become confiscatory. 269 F. 277, affirmed.
APPEAL from a decree enjoining enforcement of a statutory gas
rate as confiscatory. See also the cases,ante, 165, and
post, 180.
Page 179
Mr. Wilber W. Chambers, with whomMr. Charles D. Newton, Attorney General of the State of New York, andMr. Clarence R.Cummingswere on the brief, for Newton, Attorney General.Mr. M. Maldwin Fertig, with whomMr. John P. O'BrienandMr. James A. Donnellywere on the brief, for Wallace, District Attorney.Mr. William L. Ransom, with whomMr. John A. Garver, Mr.Charles A. VilasandMr. Jacob H. Goetzwere on the briefs, for appellee.
MR. JUSTICE McREYNOLDS delivered the opinion of the court.
This appeal brings up for review a final decree entered November 19, 1920, which adjudged that in so far as c. 125, Laws of New York of 1906, prohibited appellee from charging and receiving more than $1.00 per thousand cubic feet for gas delivered and sold in the Third Ward, Borough of Queens, New York City, it was and had been confiscatory since January 1, 1919. 269 F. 277.

After taking a great mass of evidence the Master reported that the actual cost to appellee of manufacturing and distributing gas exceeded $1.00 per thousand cubic feet and that the challenged act was confiscatory. With this conclusion the trial court agreed and entered an appropriate decree. We find no sufficient ground for disapproving the action so taken, and it is accordinglyAffirmed.Page 180