In re Lincoln Gas & Electric Light Company

United States Supreme Court

257 U.S. 6

In re Lincoln Gas & Electric Light Company

No. 29  Argued: Aug. 2, 1921. --- Decided: Oct 24, 1921

EX PARTE IN THE MATTER OF LINCOLN GAS & ELECTRIC LIGHT COMPANY, PETITIONER.

ON PETITION FOR REHEARING OF APPLICATION FOR WRIT OF MANDAMUS.

Where a decree of the District Court, upholding as adequate a gas rate fixed by a city ordinance, was affirmed by this court without prejudice to the bringing of a new suit to restrain enforcement if changed conditions should make the rate confiscatory,—

Held: (1) That, until such new suit was begun, the ordinance was established by the decision as the lawful and exclusive measure of the rates chargeable by the plaintiff gas company. P. 9.

(2) That the original suit did not end until the going down of the mandate from this court. P. 9.

(3) That a new suit filed at that time, and the granting of a restraining order therein, could affect only the then future operation of the ordinance, and could not oust the District Court of its jurisdiction, ancillary to the former suit, to award restitution, gauged by the ordinance rate, of overcharges exacted by the plaintiff from its consumers during the period between the original decree of that court and the going down of the mandate. P. 9.

(4) That the ancillary jurisdiction was independent of whether the plaintiff's injunction bond, in the former suit, was sufficient to cover the overcharges. P. 10.

Rehearing denied.

Mr. Robert A. Brown, Mr. Maxwell V. Beghtol, Mr. Charles A. Frueauff and Mr. Wade H. Ellis, in support of the petition.

 

Mr. Justice Pitney delivered the opinion of the court.