State Corporation Comm'n v. Wichita Gas Co.
290 U.S. 561 (1934)

Annotate this Case

U.S. Supreme Court

State Corporation Comm'n v. Wichita Gas Co., 290 U.S. 561 (1934)

State Corporation Commission of Kansas v. Wichita Gas Co.

No. 114

Argued November 16, 1933

Decided January 8, 1934

290 U.S. 561

Syllabus

1. The sale, transportation, and delivery of natural gas from one state to distributors in another state is interstate commerce, and

Page 290 U. S. 562

the rates to be charged therefor are not subject to state regulation. P. 290 U. S. 563.

2. An order of a state commission which requires local distributors of natural gas not to include in their operating expense accounts more than a stated price for the gas delivered to them in interstate commerce by an affiliated pipeline company, and not to consider any payment in excess of that price in fixing a rate for domestic consumers, and which is merely a preliminary step in an investigation toward ascertaining the reasonableness of the local rates, can have no force as res judicata to bind the distributors in respect of payments to the pipeline company or the rates to be charged their consumers. P. 290 U. S. 569.

3. Therefore, such an order is not, in itself, a ground for an injunction, even if unconstitutional, since injunction is not granted unless necessary to protect rights against injuries otherwise irremediable. P. 290 U. S. 568.

2 F.Supp. 792 modified and affirmed.

Appeal from a decree enjoining the members of the commission from enforcing two orders, only one of which was questioned. It was conceded that the other was invalid.

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