The Washington times., 1907-12-06
FRIDAY. DECEMBER 6. 1907.
The Gas MonOpoIy'S Poor Plea.

The ordinarily suave and cOmpla-
cent counsel for the Washington
Gas Monopoly permitted his feelings
TO be ruffied for a moment yester-
day. At the hearing before the Dis
trict Commissioners Attorney r.
Ross Perry, for the gas company,
pleaded that the Commissioners
withdraw their resolution asking
suspension of the act permitting
the Gas Monopoly TO increase its
capital stock to absorb the excess
sive earnings. Mr.. Perry made an at
tack on Corporation Counsel
Thomas, and accused him of "stulti-
flying" the Commissioners by sug-
gesting this unfair" method of pre-
venting this great wrong from be-
ing perpetrated upon a helpless
people
Commissioner Macfarland prompt
ly called" Mr.. Perry, stating that
the Commissioners had directed the
Corporation Counsel to proceed, as
his judgment dictated, to care for
the interests of the Government and
the people, whom the Commission
represented, and clearly. indicated
that Mr.. Thomas action had his ap-
provaL
The plea of the gas company was
that the matter of determining the
right of the company 70 issue stock
millions in excess of an equitable
amount should be left TO the court
under the present law. He urged
that the courts would consider the
rights Of the people under the law.
This. however. is just what Au-
ditor Payne has failed to do. He
found that what Congress had in
mind was, first, to relieve the gas
company from the trouble Of fre-
quently applying to Congress for
permission to increase its capital
stock; next, 10 relieve Congress
from the trouble of considering
such applications; and, finally, he
said:
Il find a purpose which is con-
sistent with all the provisions Of
the act, and which is equally con-
sistent with a desire on the part Of
Congress to benefit the public, and
particularly that part of the public
for which it was then legislating. I
mean the purpose of affording pro-
lection to the public or individuals
dealing in or with the stock of the
corporation"
There you have n. Every one is
considered except the consumer. If
that is what Congress intended. the
people want Congress to say it
again, and a little louder, so there
can be no mistake.
Congress did not have IN mind 10
shift its plain duty of governing the
District of Columbia. If it finds
this duty troublesome, and desires
to place the responsibility else
where, let it put it up TO the people
of the District to govern them
selvea
Corporation Counsel Thomas is
right. Congress has no right to
shift its administrative duties to
the Supreme Court Of the District,
and the Commissioners are right in
asking Congress to suspend this act.
Mr.. Thomas in replying briefly to
the counsel for the gas company re-
called the fact that the act as
originally introduced was not in
tended to give 70 the company power
to increase it's capitalization, but
merely to reduce the gas rate to 81
Section 5, covering the matter of
stock issue, was added in the Senate
committee. Congressman Hepburn
objected, and predicted that it
might operate to make the com
pany's stock IS per cent water. Mr..
Babcock replied that it was too late
TO object; that If the House did not
agree TO the act as it was, there
would be no rate reduction
The learned counsel for the gas
company dwelt with contempt on
what he termed idle public
clamor." Are the people of the
District 20 be deprived of the right
of petition? If there is any people
on earth that are entitled to free
speech and the right Of petition it
is this people. They have been petit
tioning-yes, even ciamoring-for
many years for relief from this
hold-up, and the clamor which Mr..
Perry holds in absolute contempt
will continue until relief is afforded.
Mr.. Perry dwelt at length upon the
property rights of his client. what
ever values have accrued to it." he
argued, have been lawfully obtained
under rates fixed by Congress.
Whatever values are now attached
10 the franchise, good will, etc, are
just as much the company's prop