Louis Brandeis

“ No law declares such use necessarily wasteful. Nor has the State purported to confer upon the Commissioner power to refuse a permit to new concerns and to restrict the use to the persons already engaged in the manufacture of carbon black. On the contrary, the use is expressly sanctioned in section 1 of Act 91 of 1922, which declares, 'that natural gas may be used in the manufacture of carbon black under the conditions as fixed and imposed by the provisions of' that act. ”

“ And it expressly provides that 'The authority given the Commissioner of Conservation by this Act shall in no sense be understood to supersede or nulify any of the provisions of this Act, or any other act of this State, but shall be cumulative and in aid thereof.' Section 11.
As it is clear that the refusal of the Commissioner was not justified by any statutory provision, we have no occasion to consider the limitations imposed by the constitution of the State upon discriminatory action [2] and upon delegation of legislative power to an executive department. ”