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

investgatfon. apparently. representing
any clients or consumers north OF the
northern line OF Ohio county. Is that
correct?
MIR. j. b. SOMMERvILLE-That
seems TO be the situation
right.
MR. WEIL-This statement. as I un.
derstand. is made upon the record not
only by he Commissioner. but by the
counsel who are representing their re-
specuve clients.
Now. hat being the situation, 1t &C.
Cured to US that We might work out a
modus vivendi. as suggested by the
commissioner. and which my friend
Mr.. Sommerville says is a good term.
and therefore. IL mus be good-by
which the company would present It's
bills to all consumers In West Virginia
south OF the northern line OF Ohio
county for the full amount as pro-
posed by their proposed rates, but
with a notation thereon that they are
only collecting at this time the
under the rates formerly es-
taolished. the remainder to remain un.
III this question shall have finally been
adJudicated, when the company re-
serves h right to collect the balance
mat Will then be found due, which will
De charged against the consumer
awaiting the hnal determination of
thls issue. In that event. II the mat
ter Is finally adjudicated in favor of
the company, IL can determine as a
matter OF policy whether IL will under
take TO collect from them all OF not
II Is a matter for them to subsequent
ly determine. IL IL is determined
against them, why. OF course. hat dis.
poses or the question so far as any
collection is concerned. That, | am
informed by our officers. they believe
would not interfere with the remain
der OF their business in the other
States, and that that could be success
fully carried u So hat II you pre-
fer. and the gentlemen here prefer.
that method might be adopted. In
making these suggestions. however,
desire TO have IL entered upon the rec.
ord that they r made without preju-
dice TO the rights OF this company.
and without being n waiver OF any
claim, II law or equity. under the act
or the law OF the land. as to the regu-
larity or propriety of these proceed
ings. or any other question that they
have raised or might raise II this ar
-rangement had not been suggested. or
should not be made; II made. it being
made In order TO avoid what otherwise
would necessarily be the entering
upon litigation in courts 10 determine
whether OF not there should be "A sus-
pension. or else would involve an aban-
donment by one side or the other of
their present contention, which is not
to be apprehended. of course.
II seems to me hat we are justified.
under those circumstances, in order
To avoid expensive and tedious and
long-delayed litigation that can be of
any advantage to anybody-as IL is
merely determining an int~erlocutory
question without regard TO final issue
that IL is right and proper for this
company, without conceding in the
slightest degree hat 1t is not entitled
10 establish and enforce this rate. to
make that suggestion. and | believe
that | am not assuming too much when
/ say that il ought TO be acceptable TO
our friends upon the other side. and
hat the Public Service Commission
OF the State OF West Virginia will be
only continuing the attitude which it
has heretofore exhibited in his case
of trying Z o arrive at the right and
Justice of This cause without taking
snap Judgment or ~prejudging any
proposition that has been suggested
until II shall ave before II all OF the
facts. all of the evidence and all of
the law that counsel may be able 20
submit or the Commission, on its "
account. may he able TO ascertain.
Now. | believe. Mr.. Commissioner.
We are continuing the policy We have
heretofore introduced. of trying to
meet the situation here in a fair and
candid manner. in the suggestions |
have made.
COMMISSIONER OGDEN-Mhat do
counsel representing the consumers
have TO say as TO this suggestion?
MIR. r. l. ROBINSON want TO
ask counsel IN the other side II I
thoroughly understand mis- statement.
IN one respect especially. These
statements that are to be made out
hereafter by the company. in case the
last suggestion should be adopted.
does hat mean hat the statement
each month is TO contain the excess
that Is. 81 contains a statement of
the a used and the price as proposed
under this application for a raise or
increased rate. and then the state
ment would show hat the company
does not propose 20 collect the eN.
cess. leaving ~ Just as II was before?
mean. are the monthly statements
TO he made in that form each month?
MR. WE'LL 80 understand. OF
course. ] would not undertake TO say
nov just exactly tho form Of the state
meut. because that Is "a matter the
boys would have to work out the best
way they can as q matter 81 account
ing. but as a matter Of fact. the state
ment viii be- made ont under the pres
ent proposed rate. and In some man
ner will be entered upon that bill the
amount cOllectable under the old rate.
and that mount only will be collect
ed
MR. SOMMERNtLLE-Tha is. YOU
charge the new rate. but collect the
old rate
MR. WEII-Nes. sir
MIR. ROBtNSON-You propose to
start out that way. { suppose and n
YOU so desire. to continue so each
month";
MR. WEU@Nos. sir
MR. SOMNERNTLtE That is. az
Of the FIRST ~ November
Mr. WEtI1Ycs. SIR We would not
actually make ont tho bills on the