Hollis v. Kutz, 255 U.S. 452 (1921)

Hollis v. Kutz

No. 37

Argued March 2, 1921
Decided March 21, 1821
255 U.S. 452

APPEAL FROM THE COURT OF APPEALS

OF THE DISTRICT OF COLUMBIA

Syllabus

1. Under the act establishing the Pubic Utilities Commission of the District of Columbia, a person claiming that an order of the Commission raising the rates of a gas company infringes his constitutional rights need not make complaint or appear before the Commission before bringing suit to have the order declared void. P. 454.

2. An order of the Commission raising the rates chargeable by a gas company to private consumers in the District of Columbia without changing a lower and unremunerative rate fixed by act of Congress for gas furnished the government and the District held not to involve any unconstitutional discrimination against private consumers, or taking of their property without due process of law, since the United States may fix any rate for itself and for the District as a condition to the gas company’s establishment in the District, and private consumers are not compelled to purchase gas. P. 454.

4 App.D.C. 301, 265 F. 451, affirmed.

Appeal from a decree of the Court of Appals of the District of Columbia which affirmed a decree of the Supreme Court of the District dismissing a bill brought by the present appellants for the purpose of setting aside as unconstitutional certain orders of the Public Utilities Commission permitting the appellee gas company to increase its rates to private consumers while leaving them unchanged as to the government and the District.