William Howard Taft

“ The necessary defendant in the suit to enjoin the orders lowering rates was the Public Service Commission whose orders they were. In addition the counsel of the commission and the Attorney General were made parties defendant under the legislation above recited. The city of New York has no control over the rates. Its only interest in them is as a subscriber, and even as such its interest in the general rates is not direct because its own rates are settled by a special contract. Under such circumstances, the city is certainly not a necessary party. ”

“ Ex parte Leaf Tobacco Board of Trade, 222 U.S. 578, 581, 32 Sup. Ct. 833, 56 L. Ed. 323. These cases show that exceptional circumstances may make an order denying intervention in a suit a final and appealable order, but the present is not one of them. ”