James Clark McReynolds

“ February 28, 1921, the trial court undertook to modify the August decree by directing that the excess derived from sales above 80 cents per 1,000 feet should be impounded until three months after determination of the appeal here, or until a rate should be fixed by competent state authority, and, further, that such sums should be subject to ultimate distribution 'as nearly as may equitably be done' in accordance with that rate and the approved principles and findings relative thereto. ”

“ The size of the record, eight months of almost daily hearings and the master's reiterated offers to hear properly prepared and helpful evidence show that abundant opportunity was given for presentation of appellants' cause. The master wiseld sought to exclude ill-advised cross-examinations and other unimportant matter.
Since 1907 the Gas Company has been subject to supervision by a commission empowered to prohibit unreasonable rates and the presumtion is that any profits from its business were lawfully acquired. Municipal Gas Co. ”

“ The general doctrine applicable when rates are alleged to be confiscatory has been so often stated that present discussion of it is unnecessary. Knoxville v. Water Co., 212 U.S. 1, 29 Sup. Ct. 148, 53 L. Ed. 371; Willcox v. Consolidated Gas Co., 212 U.S. 19, 29 Sup. Ct. 192, 53 L. Ed. 382, 48 L. R. A. (N. S.) 1134, 15 Ann. Cas. 1034; Des Moines Gas Co. v. Des Moines, 238 U.S. 153, 35 Sup. Ct. 811, 59 L. Ed. 1244; Rowland v. Boyle, 244 U.S. 106, 37 Sup. Ct. 577, 61 L. Ed. 1022; Denver v. Denver Union Water Co., 246 U.S. 178, 38 Sup. Ct. 278, 62 L. Ed. 649; Lincoln Gas Co. v. ”