State v. Board of Public Utility Commissioners

The opinion of the court was delivered by

Minturn, J.

The writ of certiorari in this case removes, at the instance of the town of Phillipsburg, an order of the *142public utility commissioners, made on November 19th, 1912, granting to the Phillipsburg Horse Car Railroad Company permission to change the gauge of its tracks from five feet two and one-half inches to the standard gauge of four feet eight and one-half inches.

The order is attacked in the first place upon the ground that the commissioners were without jurisdiction to make it. We consider that the Public Utility act of 1911 (at p. 378)…