Evening journal., 1913-06-19
MAY cLEAREn FnR AcrIoN.

lN his opinion based upon series Of questions pro-
~ pounded City Solicitor Hastings has placed the Pub
lie Utility Commissioners Of this city I'm position where
they should feel justified in making Investigations and
issuing and attempting to enforce reguatiye and correc-
tive orders against public service corporations which
in need of attention. The City Solicitor holds to
the opinion that the Public Utility is constitutional
He asserts that his view Of the law be correct the
board should under aud perform the duties therein
prescribed until the has held the act to be void
That opinion given in response TO the question
whether the hoard has any reguative powers and
70 make needed Investigations and to enforce rene
dial orders the benefit of public lie adds that
assuming the law is constitutional, about the only
answer to that question found in the language of
the act itself.
In It's effect upon the public OF the most important
Of the city Solicitors opinion has to do with
the power of the board to require railway companies to
furnish the board should find the service
inadequate, 10 equip any cars with Tenders, wheel
guards any safety testing device TO yentilse
and keep such cars IN sanitary condition. Mr.. Hast
ings says in reply that question that the law seem
mgly gives the board power to require every public
utility to furnish safe and adequate service The ques-
ton Il is framed covers many Things however,
that The City Solicitor thinks the particular thing the
hoard has in mind should be stated to him before an
opinion is required He suggests however that In de-
termning what lis and adequate service does not
depend solely upon what The board may thnk
sary intimated by the question hut what is just
aud reasonable under all the circumstances they APP
pear(upon the hearing.
is expressed that the law gives the board The
power TO say what kind of may he operated and
whether those shall stop the side or the
far side of The streets to take and discharge
passengers. Nor docs the city Solicitor think that the
board has the power TO compel public utility companies
TO place their wires underground unless tho franchise
granted reserved that right. It is the opinion Of the
City Solicitor however that the board has the right TO
reduce rates that excessive and unreasonable if no
charter rights TO the contrary are involved
While it is true that the City Solicitor has failed to
give specific reply several of the questions asked that
is because he regards them as being too broad aud
rather would have them brought down TO specht mat
ters and cases. That probably will be done, the
City Solicitor may throw still further light upon this
highly important law that left the commission in
such uncertain position to its powers II seems to
MS. that th, opinion places tho board in posi-
on in which IL may set in motion proceedings looking
TO the correction Of things which it thinks need
rccting leave it to the companies carry thor
fight into tho courts If they desire to do by the
pursuit other policy will il know just whcro
it stands under the law. neither the public service
companies the courts are bound by the opinion Of
the City Solicitor. no matter how favoraby it may be
viewed by the commissioners and the general public.