Municipal Gas Co. v. Public Service Commission

Opinion.

Nichols, J.

This is an action brought by the plaintiff, a corporation engaged in the manufacture and distribution of gas in the city of Albany and adjacent territory, to have section 1 of chapter 227 of the Laws *749of 1907, which fixes the maximum rate which may be charged for gas in the city of Albany at one dollar per 1,000 cubic feet, declared unconstitutional in that it confiscates plaintiff’s property. Section 2 of said act provides as follows:

“ Sec. 2. The illuminating gas furnished by any such corporation, association, copartnership or person shall have an illuminating power of not…