District Court, E.D. New York June 24, 1925, 1269 (Brooklyn Union Gas Co. v. Prendergast)

CAMPBELL, District Judge.

This is an action in equity, the object of which is to have declared "unconstitutional, as eonfisca/tory and void, chapter 899 of the'Laws of 1923 of the state of New York, which prescribes a maximum rate, in cities containing a population of 1,900,000 or over, of $1 per 1,000 cubic feet of gas of a standard of not less than 650 B. t. u.