Mahlon Pitney

“ They are clearly separable from the order of the Commission and the constitutional and statutory provisions under which it was made. Const. art. 15, § 5; public service corporation act, Laws 1912, chap. 90, § 36; Rev. Stat. 1913, § 2312. Therefore, in advance of an attempt to enforce the penalty provisions, we need not pass judgment upon them. ”

“ The court held (209 Fed. 694) that complainant's showing as to the alleged unreasonableness of the Commission's order was not sufficiently strong to warrant an injunction to restrain its enforcement pendente lite, but the temporary restraining order was continued in force pending the present appeal, taken direct to this court under the cited section of the Code. ”

“ Complainant is not required to open up new territory, but only to give better service upon a street already occupied by it under a public franchise. Its line of railway on Washington street is already doubletracked for a distance of 14 blocks in the business section of the city. ”