The San Francisco call., 1908-08-23
GAS AND WATER
RATES ARE RAISED
Consumers Complain of Advance
of 80 TO so Per Cent in
Their Bills
Spring Valley Reserves Right to
Collect More if Ordinance
Is Invalid

Pending the settlement of the In
junction suits against the city TO pre-
vent the enforcement Of the rates speci-
fed for 1908 by ordinance, both the
Spring Valley water company and the
San Francisco gas and electric COM
pany have raised rates for service. and
are now charging consumers at higher
rates than ever before, threatening 10
cut on the supply in cases where pay
ment OF bills mas been protested.
On the bills AT present being sent out
by the Spring Valley water company is
notice which reads:
This bill is for an amount less than
the service is reasonably worth, and
said amount is received on account and
without waving. but expressly insist
ing upon, the invalidity of the ordi-
nance passed by the supervisors estab-
fishing rates for the fiscal year 1eeS-09,
and the company reserves the right to
make an additional charge for such
service"
Complaints have been presented to
City Attorney Long by consumers. who
state that the rates charged them for
water have been raised, in some cases
from so 10 so per cent, and these cases
are now under investigation. The water
company admits that the rates have
been raised for many consumers, but
insists that where this has been done
the rate previously charged was less
than the rate allowed by the ordinances
OF 1902 and 1905. which are the same,
and that in no instance does the new
rate exceed that allowed under the
present contested ordinance.
The notice that the company reserves
the right to collect additional amounts
for service al present being rendered
is placed on the bills. IL is averred, IN
order that losses may be covered in the
event that the courts declare the pres
ent rate invalid and a new rate is es-
tabiished by the supervisors. City At
torney Long has directed Engineer
Dockweiler 10 investigate the com
plants that have been made and to
ascertain whether rates higher than
those established by ordinance are in
fact being put in force by the com
pany.
The gas company is charging. in some
instances. as high as 81 for the serv-
ice furnished. though the legal rate is
but 50 cents. At the city attorney s
Office II vas stated yesterday that this
collection was being made under the
$4,000 bond filed by the company TO
protect consumers. and that IL was
based on a statement made by Attorney
Garret W McEnerney July II, at the
time OF the hearing before Judge Van
Fleet on the temporary restraining or
der given the company. City Attorney
Long denies that he agreed then that
the injunction against the city should
be allowed 10 stand. and says that Nc
Enerney agreed that the company
would make no charges in excess Of 81
and that the bond given should pro-
teet consumers IN case the established
rate is declared valid The company
declares that the 81 rate is much too
low. and that a fair rate" is $1.23.
The city attorney has been sharply
criticised for his failure TO enjoin the
gas company from usurping the super
visional function of rate fixing while
the company's injunction proceeding
against the city is pending. His ex-
planation is that he doesn't do any
thing because he can't
In the first place. said City Attor-
ney Long. 1T would not be possible to
secure an injunction or restraining or
der out Of hand. All / could get from
the federal court 10 which I would
have 10 apply would be an order
against the gas company 10 show
cause why an Injunction should not Is
sue When this came up for adjudica-
ton the court would undoubtedly set
the case for hearing at date later
than September S, the date set for
further hearing Of the company's in
junction.
4 do not see. anyway. that the pub
Tic IS being very much harmed by the
delay. The company has put up its
bond and IL the case is decided against
IL the people who have paid the excess
viii be able 10 recover against the
bond"
But II the company should choose
TO resist the refundlng Of the excess
would not the consumer be forced 10
start an expensive lawsuit in order
10 recover the few dollars due him p
Long was asked.
"oh, no; don't think so-but the
company could force them 10 sue II 1t
wanted to-" he admitted
Long said that should he apply for
an injunction at the present time he
would not be in position TO maintain
his suit
Mr.. Haven, the gas expert on whose
testimony we rely 10 prove our case.
returned from the east only August l.
said Long. and until he and the other
men we have working on the case are
prepared with their estimates and fig
ures we will not be ready to go TO
trial And it's a poor lawyer who goes
to trial unprepared. II we should ask
for an Injunction tomorrow we would
not be in fit shape 10 present our case"