Pacific Gas & Electric Co. v. City & County of San Francisco

An ordinance of the board of supervisors of the defendant municipality, fixing gas rates for the fiscal year beginning July 1, 1913, being attacked by the bill as violative of complainant’s rights under the fourteenth amendment to the Consti *203 tution, a temporary restraining order was granted, arresting its enforcement until the application for an injunction pendente lite could be heard. The defendant, not being ready to proceed with the hearing of the latter application, asks that the restraining order be so modified as to require that the moneys collected by the complainant from the consumers, pending the restraint, in excess of the rates fixed by the ordinance, be impounded in a depositary, and retained under the control of the court until such time as it shall be eventually determined whether such fund is to go to the complainant or be returned to the consumers, dependent upon the determination of the question as to the validity of the ordinance.

[1] The motion being resisted by the complainant, the question presented is how best to maintain the status quo and preserve the respective rights of the parties, without injustice to either, while the validity of the ordinance…