Willcox v. Consolidated Gas Co.
Supreme Court of the United States
APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOB THE SOUTHERN DISTRICT OF NEW YORK. The appellee, complainant below, filed its bill May 1, 1906, in the United States Circuit Court for the Southern District of New York against the city of New York, the'Attorney General of the State-, the District Attorney of New -York County and the Gas.Commission of the State, .to enjoin the enforcement of certain acts of the legislature of the State, as well as of an order made by…
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APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOB THE SOUTHERN DISTRICT OF NEW YORK. The appellee, complainant below, filed its bill May 1, 1906, in the United States Circuit Court for the Southern District of New York against the city of New York, the'Attorney General of the State-, the District Attorney of New -York County and the Gas.Commission of the State, .to enjoin the enforcement of certain acts of the legislature of the State, as well as of an order made by the Gas Commission, February 23,1906, to take effect' May 1,1906, relative to rates for gas in New York City. Since the…
1Opinion of the Court
Mr. Justice .Peckham,
after making the foregoing statement, delivered the opinion of the .court.
At the outset it seems to us proper to notice the views regarding the action of the court below, , which have been stated" by counsel for the appellants, the Public Service Commission, in their brief in this court. They assume to criticise that court for taking jurisdiction of this case, as precipitate, as if it were a question of discretion or comity, whether or not that court should have heard .the case. On the contrary, there was no discretion or comity about it. When a Federal court is properly…
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