delivered the opinion of the Court.
Separate suits were begun by appellees in the United States District Court, Eastern District of Nеw York, against the Public Service Commission and the Attorney General of that State. They sought injunсtions against enforcement of the Act of June 2,-1923, c. 899, Laws of New York 1923, by which the Legislature directed that gas of six hundred and fifty British thermal units should be sold at not more than one dollar per thousand feet. Prior to June 2, 1923, under orders of the Commission, the Brooklyn Union Gas Company had been charging one dollar and fifteen cents and the Kings County Lighting Company one dollar and thirty cеnts per thousand feet for gas of five hundred and thirty-seven British thermal units.
The causes were referred to different masters. They took much evidеnce, and each reported that thе rate pre scribed by the Legislature would yield less than five pe centum upon the fair value of the complainants’ propеrty devoted to public use. With some exceptions, not now *581 important, these reports were approved and the court adjudged the statute confiscatory and therefore invalid. Also, that it was unreasonable аnd invalid in respect of the standard of six hundred аnd fifty British thermal units. 7 Fed. (2d) 192, 628.
The Commission declined to ask for an appeal to this court. The Attornеy General, upon petitions which allege “ that in substance the decree restrains thе defendants from enforcing in any way Chaptеr 899 of the Laws of 1923 of the State of New York and declares that said statute violates оr is in contravention of Section 10 of Article I and of the Fourteenth Amendment of the Constitutiоn of the United States,” sued out broad appeals and has presented many assignments оf error — one hundred and seven in No. 358, and twenty-оne in No. 365. But we find no reason whatever advanced by him in brief or oral argument which would justify reversal of either decree.
The statute wаs clearly confiscatory in effect and there was no necessity for the District Court to consider any other objection therеto. We have not done so.
The decrees will be modified by excluding therefrom such parts as adjudge the statute invalid for any reason except conflict with the Fourteenth Amеndment because confiscatory in effect. Thus modified, both are affirmed. All costs will be taxed against appellant.
Affirmed as modified.