Approving the conclusion of the master and of the district court
that the gas rate imposed on appellee under New York Laws, 1906, c.
125; 1916, c. 604, had become confiscatory.
268 F. 143 affirmed.
Appeal from a decree enjoining enforcement of a statutory gas
rate as confiscatory. See also
the preceding cases,
ante, 258 U. S. 165
258 U. S. 178
MR. JUSTICE McREYNOLDS delivered the opinion of the Court.
This is an appeal from a final decree entered October 19 1920,
which enjoined the enforcement of c. 125, Laws of New York of 1906,
and also the Act of New York Legislature approved May 9, 1916, c.
604, Laws of 1916. 268 F. 143. The first of these statutes fixed
the price which appellee might charge for gas distributed in New
York City at $1.00 per thousand cubic feet, and the second amended
the earlier one by reducing the maximum price to eighty cents.
Page 258 U. S. 181
The original bill filed in May, 1920, alleges that the actual
cost to appellee of manufacturing and distributing gas during 1919
and the first three months of 1920 had exceeded eighty cents per
1,000 cubic feet; that such cost would not be less than $1 for an
indefinite period thereafter, and that the statutory rate was
The matter was referred to a master, who took proof and made a
report which supported appellee's claim. With some unimportant
modifications, this was confirmed by the court. An appropriate
decree followed which we are asked to reverse for sundry specified
reasons commented upon orally and in the brief.
We are satisfied that the court below reached a correct
conclusion, and that none of the points relied upon for reversal
are adequate to justify such action. So far as substantial, all
were adequately disposed of by the opinion of the trial court, and
we need not comment further upon them.
The judgment below is