Trustees of Village of Saratoga Springs v. Saratoga Gas, Electric Light, Heat & Power Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The. Saratoga Gas, Electric Light, Heat and Power Company, from an order'"of the Commission of Gas and Electricity of the State of Hew York, made and entered tipon the 29th day of June, 1907, fixing the maximum price which the defendant could' charge for gas at one dollar and forty-five cents per 1,000 cubic feet, and the maximum price for electric current at eight cents per kilowatt hour.
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Appeal by the defendant, The. Saratoga Gas, Electric Light, Heat and Power Company, from an order'"of the Commission of Gas and Electricity of the State of Hew York, made and entered tipon the 29th day of June, 1907, fixing the maximum price which the defendant could' charge for gas at one dollar and forty-five cents per 1,000 cubic feet, and the maximum price for electric current at eight cents per kilowatt hour. The proceeding arose under chapter. 737 of .theLawsof 1905, ereating the Commission of Gas and Electricity and prescribing its powers and duties. Under section 15 of that act. the…
1Opinion of the Court
Briefs were submitted by the Attorney-General and by the Public Service Commission for the second district of the State.
Smith, P. J.:
This Commission has assumed to fix a maximum charge for gas and electricity within the village of Saratoga Springs. By this appeal their right so to do is challenged, upon the ground that such power is legislative and cannot be delegated to a commission. The question raised is an important one, as it goes to the foundation of a policy which has been adopted by the State, and which, if such power be denied, is of little efficacy. That the power to fix a tariff of…
2Cases cited30 opinions
- Smyth v. AmesSupreme Court of the United States · 1898
- Field v. ClarkSupreme Court of the United States · 1892
- Wayman v. SouthardSupreme Court of the United States · 1825
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- Buttfield v. StranahanSupreme Court of the United States · 1904
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3Cited by8 opinions
- Consolidated Gas Co. v. City of New YorkU.S. Circuit Court for the District of Southern New York · 1907
- Pueblo v. NeagleSupreme Court of Puerto Rico · 1914
- In re Watertown Gas Light Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Brooklyn Union Gas Co. v. MaltbieAppellate Division of the Supreme Court of the State of New York · 1934
- In re Long Island Lighting Co.New York Supreme Court · 1936
3 more not listed; retrieve them via the Exa API.