Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-12-16
VIEW OF ATTORNEY THOMAS
Just to the Public and to Public
Service Corporations.
SCOPE OF MEASURE OUTLINED
Basis Obtained in Wisconsin Law.
Classed as Model-Introduce
by Senator Ga1linger.

commission for the District of Columbia
introduced by Senator Galinger, is in
! tended to be fair to both the public and
public utilities corporations declared
Corporation Counsel Thomas.
The Gallinger bill. introduced Thursday
in the Senate, was prepared at the direc-
| tion of Senator Gallinger by Mr.. Thomas,
and supervised and amended by Senator
Gallinger
LAS model lesislation-to be the very
best measure that could be devised and
with that sole purpose-ths bill was
drawn. said Mr.. Thomas. Nothing
| contained therein is purposed to aid cor
porations against the public or to injure
corporations in favor of the public Legis-
lation in force anywhere in the United
States was scrutinized and weighed and
the effects Of administration of all such
laws thoroughly considered in preparing
this bill. The result. it is hoped. is the
best that can be done"
"The primary basis for this measure
was the Wisconsin law" continued Mr..
Thomas, explaining the provisions of the
Gallinger bill. This law was chosen
because many law writer's regard it as
model. The Wisconsin law was improv-
ed upon. however. in subsequent legtsla-
ton In Michigan. in which changes appli
embodied in one or two instances.
Provisions and Scope.
1.-THE Wisconsin law provides for regu-
lation of public utilities generally. and
has statewide application. including SUI
pervision of steam railroads and service
of similar sort not thought to be applica-
BILE locally. Practically all provisions OF
the Wisconsin law applicable locally
have been put in the Gallinger bill.
particular provisions for the regula
tion of gas and electric corporations in
corporated in the Callinger bill were cop
led from the New York public service
law. This method was pursued because
the New York law was specific on these
subjects.
'"rhe New York law however, was i'm
proved upon by legislation enacted in
Maryland and approved April ), 1910, par
ttcularly in definitions which constitute
the Introductory part OF the Gallinger
bill. These definitions are therefore the
combined result Of New York and Mary
land legislation, with suggestions from
the most recent law, passed in 1910 by the
Ohio legislature.
There are some particular provisions
not found in any other law. l do not
recall all such, but one considers the ex
tension of street railways and another
has to do with changes of facilities and
equipments of all public service corpora
tions and public carriers. This last pro-
vision will enable the public utilities COM
mission to deal with situation such as
illustrated by the character of the herdic
line on 10th street and the operation of
its vehicles.
"Other laws consulted were those enact
ed by Texas Connecticut. Pennsylvania
and New Jersey. The provision requiring
all street railways to comply with all
laws. regulations and charter provisions,
particularly important in the District OF
Columbia. is an adaptation OF provision
in the New Jersey law.
Pennsylvania Statute.
There is a provision in the Gallinger
bill requiring that when any bill affecting
a public utility is introduced into Con-
gress it shall also be presented to the pub
lie utilities commission, which shall report
upon it to Congress. This was an idea
transplanted from the Pennsylvania law. 4
part Of the procedure and some of the
provisions of the interstate commerce law
are also to be found in the Gallinger bill.
THE provision of the Wisconsin law in
regard to physical valuations Of proper
ties is changed in the Gallinger bill by
the substitution of section 30 of the Mary
land act. This provision gives power to
the pubic utilities commission to make
fair valuation, and to determine it by any
means 1t may deem proper The opinion
is that this is greater grant of power
bill. In this respect, embraces all and
more than does the Wisconsin law
The Gallinger bill is simple. and is ad-
dressed to the regulation of rates and
service. to the accounts and to the valua-
ton Of all properties of public service cor
porations. and to the specific regulation
Of gas and electric corporations.
Right Of the Commission.
80
concerned with the machinery necessary
to carry 1t into effect with the investiga-
tions by the public service corporation
| and its agents. with the right of the COM
| mission to compel production Of all books
| and records Of public utility service, and
processes of obtaining witnesses, en-
| ployment Of experts and legal assistants,
and with the creation of the commission
The procedure also embraces features
making the action of the commission in
| the first instance prima facie valid, and
providing for review of its findings by the
Supreme Court Of the Distict of Column
| bia, on appeal to the Court of Appels,
and thence to the Supreme Court of the
United States.
THE public utilities corporations and
| the commission are both given the
| privilege to apply to the courts. For in
stance, in the determination of yalua-
tions, the commission is authorized when
ever in doubt to the elements of prop
erty of any public utility to apply to the
court for instructions.
| "The Commissioners of the District of
| Columbia have been made the public
| service corporation because they could do
the work at much less expense than
could be done by an independent commits
| sion. and for the reason that they have
| control over officials who are and have
been for many years thoroughly informed
| on a majority of the problems that will
arise In the administration of the law"
Views Of n. B. F. Macfarland.
The Chesapeake and Potomac Telephone
Company. through its general counsel for
the District of Columbia, Henry B. F.
Macfarland. ex-Commissioner, declares In
favor of the regulation of public utilities
| as n broad principle. Mr.. Macfarland has