gross and $1.13 net for illuminating purposes and $1 for fuel. It was further alleged that coal gas was purchased from the Empire Coke Company at 27 cents per thousand and forced through the meters at a high pressure.

Notice was served on the Company of a hearing February 3rd, at the City Hall, in Auburn. The complainant was represented by Hon. A. C. Aiken, Mayor, and William S. Elder, City Attorney, and the company by Lansing G. Hoskins and Charles A. Hawley, of counsel. F. E. Storke appeared for Thomas M. Osborne, ex-mayor of Auburn, under whose administration the proceedings had been begun. After the closing of the complainant's case, the parties entered into an agreement dated July 9, 1906, which embodied the following provisions on the part of the Auburn Gas Company:

The Auburn Gas Company agreed that beginning with the first day of August, 1906, and up to the first day of August, 1909, rates not to exceed the following should prevail for lighting and heating purposes:

“One dollar and twenty-three cents per thousand cubic feet, but if paid for on or before the 15th day of the month in which the bill therefor is first rendered, a discount of 10 cents per thousand cubic feet shall be allowed, making the net rate of $1.13 per thousand cubic feet; from August 1, 1909, to August 1, 1910, $1.18 per thousand cubic feet, but if paid for on or before the 15th day of the month in which the bill therefor is first rendered, a discount of 10 cents per thousand cubic feet shall be allowed, making the net rate. $1.08 per thousand cubic feet; on and after August 1, 1910, $1.10 per thousand cubic feet, but if paid on or before the 15th day of the month in which the bill therefor is first rendered, a discount of 10 cents per thousand cubic feet shall be allowed, making the net rate $1 per thousand cubic feet;

And it was further

with a minimum rate of 50 cents per month. agreed that the gas shall be of not less than 18 candle power, and as regards purity comply with the standard to be fixed by the Commission or established by law, and shall have a heating power of not less than 600 British thermal units per cubic foot, and be delivered at a pressure at no time exceeding 34 inches of water pressure.

In the Matter of the complaint of the Mayor of the city of Plattsburgh as to the illuminating power, pressure, purity and price of gas, and power and intensity of electric light furnished by Plattsburg Light, Heat and Power Company, and the illuminating power and price of electricity furnished by Lozier Light and Power Company.

Complaint was filed February 2, 1906, by the Mayor of Plattsburgh as to the illuminating power, purity, pressure and price of gas and the power and intensity of electric light furnished by the Plattsburgh Light, Heat and Power Company, and March 19th a further complaint as to the illuminating power and price of electricity supplied by the Lozier Light and Power Company. The rates in force by the Plattsburgh Light, Heat and Power Company were for gas, $2.50 per thousand with discounts of 20, 30 and 40 per cent., according as the monthly consumption was less than 3,000 cubic feet, from 3,000 to 5,000 cubic feet, or over 5,000 cubic feet respectively. For heating the charge was $1.50 for less than 1,000 cubic feet per month, $1.25 from 1,000 to 5,000, and over 5,000 cubic feet $1. For electric service $71 was charged per annum for are lamps burning 4,000 hours, and meter rates varied from 6 to 20 cents per kilowatt hour for commercial arc and incandescent service, and from two to ten cents per kilowatt hour for current for power purposes. The complaint further alleged that the capitalization of the company was excessive.

The Lozier Light and Power Company supplies public lighting to the city under a contract assigned to that company and it was alleged that the light furnished was deficient in candle power, and further that the capitalization of that company also was excessive. The enclosed are lamps supplied numbered 81, of 2,000 candle power; the incandescents two, of 30 candle power, and 200, of 16 candle power. The price charged for ares was $71 per annum, for 30 candle power incandescents $25, and a metered rate of $0.355 per kilowatt hour for the 16 candle power lamps.

Hearings on both complaints were had April 28th at Plattsburgh. A. S. Hogue, Corporation Counsel, represented the complainant, and Messrs. Weed, Conway & Cotter the companies. Requests for information were served and an adjournment taken to May 29th. May 24th a request was received for an order discontinuing the proceedings, the parties having entered into an agreement approved by the common council and board of public

works of the city May 14th. The agreement was for the term of three years from June 1, 1906, by which the companies agreed to furnish 18-candle power gas, containing not more than five grains of ammonia, 20 grains of sulphur, nor more than a trace of sulphuretted hydrogen in every one hundred cubic feet, and which shall at least be equal to the gas theretofore furnished in purity, illuminating power and efficiency and at the same average pressure; and that the electric service shall at all times be at least as efficient and of equal quality to that furnished theretofore.

The following were the rates provided for in said agreement:

Gas for Lighting.

When less than 1,000 cubic feet are consumed per month, $1.90 per M.

When 1,000 cubic feet and less than 5,000 are consumed per month, $1.60 per M.

When 5,000 cubic feet and over are consumed per month, $1.50 per M.

For prompt payment on or before the 10th of the month, a discount of 10 cents per M. allowed on all consumed.

Gas for Fuel.

When less than 1,000 cubic feet are consumed per month, $1.50 per M. gross.

When 1,000 cubic feet and less than 4,000 are consumed per month, $1.25 per M. gross.

When 4,000 cubic feet and over are consumed in a month, $1 per M. net.

For prompt payment on or before the 10th of the month, a discount of ten cents per M. allowed on all consumed up to but not including 4,000 cubic feet.

Electric Light.

For first 20 kilowatts consumed per month, 13 cents per kilo

watt.

For next 100 kilowatts consumed per month, 9 cents per kilowatt.

All over 120 kilowatts consumed per month, 6 cents per kilo

watt.

For prompt payment on or before the 10th of the month, a discount of 1 per cent. per kilowatt allowed on all consumed up to and including 200 kilowatts per month.

For consumption of 250 kilowatts per month and all over, six cents per kilowatt net for total amount used.

Meter rent of twenty cents per month charged on all bills less than $1 per month.

In the Matter of the Complaint of Alan C. Fobes, as Mayor of the City of Syracuse, against Syracuse Lighting Company.

Hon. Alan C. Fobes, Mayor of the city of Syracuse, filed a complaint October 27, 1905, as to the illuminating power, pressure, purity and price of gas, and the illuminating power and intensity of electric light furnished by Syracuse Lighting Company.

At the time of filing the complaint the city was supplied with street lighting at the rate of $85.775 for arc lighting, eight cents per kilowatt hour for the city buildings, and the prevailing rate to consumers was twelve cents per kilowatt hour, subject to a discount of two cents for prompt payment.

Hearing was commenced Saturday, January 20, 1906, at the common council chamber, Syracuse, Walter W. Magee, Corporation Counsel, William Rubin and J. C. Tracy, D. Raymond Cobb of counsel, appearing for the complainant, and Messrs. Parker, Hatch & Sheehan, Edward W. Hatch of counsel, Ashley T. Cole, LeRoy B. Williams and John W. Hogan, for Syracuse Lighting Company and Syracuse Gas Company, appearing specially. From March 20 to May 9 inclusive, hearings were had on 24 days. Briefs were ordered to be submitted by June 28th. The following was adopted:

The Commission reduced the price of gas to ninety-five cents per thousand from October 1, 1906, and fixed the price of electric street lighting at $68, and commercial lighting at nine cents per kilowatt hour to October 1, 1907, and after that date at eight cents per kilowatt hour. The illuminating power was fixed at 18 candle power, and it was ordered that as to purity it should conform to the standard fixed for New York city, and contain in each 100 cubic feet not more than five grains of ammonia, nor more than twenty grains of sulphur, nor more than a trace of

sulphuretted hydrogen, and that the pressure shall be such as to balance a column of water not less than one inch in height.

The company appealed from the order to the Appellate Division in the Fourth Department, and obtained an order staying its

execution.

The order of the Commission was as follows:

Ordered that on and after the first day of October, 1906, the maximum price which shall be charged by Syracuse Lighting Company to said city for electric arc street lamps, each consuming 450 watts of electric current at the arc, burning every night on an all night schedule, together with proper inspection and necessary service for care and maintenance, be and is hereby fixed at sixtyeight dollars ($68) per lamp per year; and it is further

Ordered that on and after the first day of October, 1906, and until the first day of October, 1907, the maximum price for electric current which shall be charged to consumers, except to the city for public street lighting, by the Syracuse Lighting Company in the city of Syracuse, be and is hereby fixed at nine cents per kilowatt hour, and thereafter the maximum price therefor be and is hereby fixed at eight cents per kilowatt hour; and it is further

Ordered that on and after the 1st day of October, 1906, the maximum price for gas which shall be charged by Syracuse Lighting Company and the Syracuse Gas Company or either of them, in the city of Syracuse, be and is hereby fixed at 95 cents per thousand cubic feet; and it is further

Ordered that the gas furnished, sold and delivered by the Syracuse Lighting Company shall have an illuminating power of not less than eighteen sperm candles of six to a pound, burning at the rate of 120 grains of spermaceti per hour, tested at a distance of not less than one mile from the nearest distributing holder by a burner consuming five cubic feet of gas per hour; and it is further

Ordered that the gas furnished, sold and delivered by the Syracuse Lighting Company and the Syracuse Gas Company, or either of them, shall not contain in each one hundred cubic feet of such gas more than five grains of ammonia, nor more than 20 grains of sulphur, nor more than a trace of sulphuretted hydrogen; and it is further

Ordered that the pressure of said illuminating gas in any service mains in the said city shall be such as to balance a column of water not less than one inch in height.

The Commission recommends that the Syracuse Lighting Com