Oliver Wendell Holmes, Jr.

“ We do not wish to belittle the claim of a taker of what for the time has become pretty nearly a necessity to equal treatment while gas is furnished to the public. But the notion that the Government cannot make it a condition of allowing the establishment of gas works that its needs and the needs of its instrument the District shall be satisfied at any price that it may fix strikes us as needing no answer. ”

“ The plaintiffs are under no legal obligation to take gas nor is the Government bound to allow it to be furnished. If they choose to take it the plaintiffs must submit to such enhancement of price, if any, as is assignable to the Government's demands. We do not consider whether the Commission has power to raise the price to the excepted class because, even if it has, the plaintiffs have no right to require equality with the Government and they have no other ground upon which to found their supposed right. ”

“ The provision in paragraph 67 for the transmission of any new evidence taken in the suit to the Commission for its further consideration, and other details, were thought to indicate that the suit was in the nature of an appeal.
We are unable to agree with the opinion of the Court of Appeals. Assuming that the bill is based upon the statute the language of paragraph 64 is that any person interested and dissatisfied with any order fixing any rate may commence a proceeding in equity. ”