Newton v. New York & Queens Gas Co., 259 U.S. 101 (1922)

Newton v. New York & Queens Gas Company


Nos. 750-753

, 832

, 833

, 844

, 845


Argued April 28, 1922
Decided May 15, 1922
259 U.S. 101

APPEALS FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

1. Conclusions of a master and the district court that the eighty-cent gas rate fixed by c. 125, New York Laws 1906, had become confiscatory sustained. P. 103. See Newton v. Consolidated Gas Co., 258 U.S. 165.

2. In fixing the fees of a master, the district court, under Equity Rule 68, enjoys a judicial discretion, but subject to review in case of abuse. P. 104.

3. The compensation of a master should be adequate to the work done, time employed, and responsibility assumed -- liberal, but not exorbitant; salaries prescribed for judicial officers performing similar duties are valuable guides in fixing it, but a higher rate is generally necessary. P. 105.

4. Held that the compensation allowed in these cases was excessive. P. 105.

Reversed.

Appeals from decrees of the district court holding the gas rate prescribed by New York Laws of 1906, c. 125, unconstitutional, and from supplemental decrees fixing the compensation of a master. See Newton v. Consolidated Gas Co., 258 U.S. 165.