Evening capital news. (Boise, Idaho) 1901-1927, 1916-10-18
court SUSTA|NS
THE COMMISSION
Findings in Case of the In
terstate Utilities Com
pany Will Stand.

Another order and ruling OF the pub
lie utilities commission of this state
has been affirmed by the supreme
court. That tribunal has handed down
a decision in the case of the city of
Occur G'Alene versus the public utili-
ties commission and the Interstate
Utilities company in which it is held
that the evidence is sufficient to sup
port the findings of the commission
to the effect that the rates. tolls. rent
ais and charges of .he defendant COM
pany at Occur dAlene are not unrea-
sonably high and eXorbitant. The liti
cation involved an original applica-
ton to the supreme court by the city
of Occur d'Alene, for a writ of review
directed to the public utilities COM
mission, prayingt the court TO review
the order of the commission disnssins
the complaint filed with it and the
order denying a rehearing.
The Interstate Utilities company
operates a telephone system at Occur
d'Alene and the city alleged that the
rates charged We're unreasonable, eX-
orbitant and excessive and that by
reason of such unreasonable rates a
large number of patrons OF tn, COM
pany had discontinued their telephones
and the service rendered was very
poor and unsatsfa Glory. The public
utilities commission made an inves-
tigation and found that the service
rendered was faulty and inadequate. to
a certain extent, but that such con-
ditions were due to cramped operating
conditions pending the installation of
q new switch board and other appa-
ratus; that the consolidation of the
Interstate Telephone company with the
Pacific Telegraph & Telephone COM
pany was demanded by the city Off
Gals of Occur d'Alene. 1t was there
fore held the rates and tolls were not
unreasonable and dismissed the COM
plant. An application for a rehear-
ing later filed was denied and an APP
peal was carried by the city to the
supreme court to review and reverse
the commissions findings.
WHAT COURT HOLDS.
Where two telephone systems are
being consolidated and during the
time of the consolidation changes are
made and poor service is occasioned, +"
says the supreme court, by reason of
the overhauling of the switchboard and
the remodeling of practically the entire
central station of the system, the con-
Meeting of all lines on one system and
the breaking in of new help and the
commission finds that the company
will overcome such service difficulties
when such changes are completed, and
further finds that the company there
after will render first-class service,
this finding will not be disturbed on
review by this court, under the
evidence in this case
Where the commission has taken
the evidence of the city as to the value
of the plant, for rate making purposes.
but denies any deduction from such
value on account of depreciation as
suggested by the citys expert witness,
and finds that the plant is in first
class condition and as good as new
and is CAPABLE of rendering 100 per
cent efficient services, such finding
will not be disturbed, since it is sup
ported by the evidence. Held, that
the commission has full authority un-
der the provisions of sections 83 and
"a of the public utilities act, to pre-