The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1913-12-10

enter n order would. In my judy
ment not only be unjust and unfair
and not only be prejudging a cas- be
fore IL had before Il the facts. but. in
my judgment, would be beyond It's
power and beyond It's authority under
the law OF its creation and under the
law OF the land. In that there may be
a difference OF opinion between law
yers. and under an act such as this is.
80 new and not yet interpreted by the
courts. II there was not a difference
OF opinion between lawyers upon the
subject they would have attained TO
that degree of perfection which we
expect of no other class of people.
The situation. therefore. that con-
fronts US is how TO preserve the status
quo without the loss OF rights or the
waiver OF rights to anybody-those OBJ
jecting to the rates. the company that
insists upon them. the Commission
that is inquiring into IL. the public that
are concerned. OF the State which has
created this Commission
II the company. because OF an ex-
p~ectancy that within a comparatively
short time this question might be
finally determined. should. in its gen.
erosity say. I'VE will suspend the col
lection Of these rates temporarily" II
would . an inability ever thereaf-
ter TO collect. because. as we all know.
so many OF the consumers are not OF
the type and class from whom the
money could be subsequently collect
ed. Besides. the number OF accounts
and the number OF bills would be so
great-running into the thousands
and the amounts so small for each one.
that the cost OF the collection and Of
going back over the ground and gath
ering II in would be greater. I believe.
except In the case of Industrial plants.
than the amounts collected would war
rant.
Under similar circumstances, in 9th.
er States M In other jurisdictions
where a like situation has arisen. the
method and plan was adopted TO
which the Commissioner referred-by
orders being made by the courts that
the amounts OF the excess should be
collected and then impounded-to
await the final decision. and be paid
over az upon final adjudication II
should be ordered. And those orders
were made. and the orders have been
approved OF by the courts OF last re-
sort. both Federal and State. upon the
express statement and principle hat
II II were not collected and not i'm
pounded, then Il would be lost 10 the
company and would not be preserving
the status quo.
On the other hand. n thus collected
and ~impounded. and Il was finally paid
over TO w-homsoever II was adJudged
was entitled thereto. then. OF course,
no harm or injury was done to any
one, and everyone received exactly
what was his due. That seems to me
in this case to be n plan which we
might adopt and which ought TO fur
nish a fair Inc reasonable method,
avoiding the inextricable difficulty and
confusion into which We would other
wise get. That suggestion was made
by Governor Glasscock simply upon
the theory that we would reach. in all
probability. Just such a situation as we
now have here.
I understand that IN the State OF
West Virginia there Is an indisposi-
ton 20 adopt that course. because OF
experiences I'm the past with reference
10 the same in regard 20 railroad rates
from certain railroad corporations:
but there is this distinction in this
case. II 7 understand the circumstances
/ OF that case rightly: That the corpor-
alton itself retained the money: that
It did not impound II; hat & did not
deposit anywhere. and that. in conse.
quence. after the determination OF the
matter. II was found necessary to 20
into another lawsuit TO ascertain the
amount and determine TO whom 10
was payable.
MY suggestion here Is. hat the com
pany Is perfectly willing. in order 10
avoid the difficulty with which We are
confronted. not only 10 make the col
lection and ascertain the surplus OF
exces over the old rate and the pro
posed changes in rate which We have
heretofore asserted as practically a re-
adjustment only. more than an ir
crease in rate. but to deposit that ex-
cess in any financial Institution in the
City Of Wheeling. or Charleston. or
anywhere else in the state hat the
Commissioners will nominate for the
purpose. together with a statement
each month and with each deposit.
showing the amount OF the excess.
from whom collected. and the amount
collected from each party. thus fur
nishing with the deposit each time a
complete memorandum showing how
II Is 10 be distributed. n II Is TO he dis
tributed ultimately 10 the respective
parties from whom IL Is collected.
AlAfE NIlnNF NNAAllNNnAiAf van
| conceive OF no difficulty whatever in
everybody promptly getting whatever
they may he entitled 10. II the order
Is finally made. as we are assured u
will be. and cant help from being. in
favor a the company. then. 81 course.
the whole amOun will be returned
10 n.
II seems 20 me that that is the fair
way and the best way. I understood
that there had been objection 10 that
method OF procedure-that n was
feared that In some manner some com
plication with reference 20 II might
arise. and so. IN discussing the ques.
ton with the officers Of tho company
who are here. We were disposed 10
suggest perhaps still another plan.
In making this suggestion. and the
reasons therefor. ] want 20 explain
that We are complicated. 80 far as
our rates are concerned. by the fact
that We not only come into West Vir.
j Ginia. but into Ohio. and into Pcnnsyl
vania. and that along tho lines 81 de-.
i narration between the three States
We have customers or consumers on
both sides In many cases they live
on one sido and DO business ON tho
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