Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1916-09-28

ooupNng or Its night carfares. In the
ruling, Commissioner Michael J..
Ryan, who wrote 1t, sets forth that
no opinion is expressed with regard
to the authorization OF an increased
rate and adds that when that matter
comes before us in the regular way
and after full hearing shall be had
this commission will decide
In an order supplementary to the
opinion the commission directs the
railways company to cease from col
lecing any rates or enfofdng any
rules or regulations except those con-
tanned in its original tariff fled July
II, 1914, and further commands the
company to make reparation to pa
irons Tor excess fares upon presenta-
tlon OF certificates of excess payment
issued under order of the commission
June 2S.
The commission finds that the sup
plement doubling the night fares was
not a legally filed, posted and pub
lfshed tariff and that the only tariff
or schedules of the company in effect
on June Fl or at any time subsequent
is the original tariff of June III 1914.
The opinion is based on the COM
plants OF w. NJ. Jacoby and the city
OF Pittsburgh against the Pittsburgh
Railways Company, alleging that the
proposed increase Of rate of fare for
night car service in Pittsburgh Is un-
Just, unreasonable and excessive
In reviewing the case at length,
Commissioners Ryan says: "Pablic
service companies are public servants
subject to the control of and the
regulation by the Commonwealth.
They may increase their rates land
charges when sanctioned by the au-
thority which gives them life and in
accordance with law and that there
can be no doubt that openness, fair
ness OF dealing with and confidence in
that public which they serve are the
best methods to be employed to more
certainly obtain that justice to which
not only public service companies but
the people are alike entitled"
The commissioner holds that the
ScneuuleS were not properly posted
and that there were indications of an
evident intention to conceal them.
largest Writes Opinions-Replying
to question raised by Auditor Gen.
eral Powell as to whether corporations
OF the sort known as hydro-electric
companies are liable for the tax on
gross receipts, Deputy Attorney Cen
eral w. Nj. Hargest to-day gave it as
his opinion that II such water or
water power companies engage in
electric lighting they may be taxable
but, on the other hand, l am of the
opinion and constrained TO advise you
| that If water and water power COM
panies do not in fact engage in the
business of electric lighting they are
not taxable for the storage and trans
portation of water and water power
for commercial and manufacturing
purposes, which water power they use
to generate electric current which
fn Al afria ferI,&
In another opinion Mr.. largest de-
cided that the estate of ]. K. Adams,
resident of New York State, who
died intestate leaving q widow and
collateral heirs does not escheat to
the State. Mr.. largest says the
ground on which the claim of escheat
was filed. that the widow took the
estate by descent; that therefore her
heirs cannot inherit it and that the
heirs of j. K. Adams cannot inherit
because she held the estate in fee and
they are not the heirs of the last ten
ant, Is more ingenious than sound"
Justice of Peace-Ray w. Cramer
was this morning appointed by the
Governor as Justice of the Peace for
Buffalo township, Butler county.
Demurrage Complaint - Complaint
was filed with the Public Service Com
mission by W. H. Daugherty and Son.
Refining Company engaged in the oil
refining business in Petrolia, Butler
county, against the Baltimore and
Ohio Railroad, alleging an unjust de-
murrage charge of 1924, accruing on
privately owned tank cars standing on
a private siding.
Lumb in Wilkes es-BaTre-George F.
Lumb, deputy superintendent of the
Pennsylvania State Police, is in
Wilkes Barre to-day adjusting diff
culues which have arisen in connec-
ton. with the street railway strike
Candidates Withdrew-The names
of Albert Z. Curry, nominee for Pro-
hibition Representative in the General
Assembly from Armstrong county, and
Albert H. Ladner, Jr., on the Demo-
cratic and keystone tickets for the
same office from the twenty-first dis
trict, Philadelphia county. were with
drawn this morning
Typhoid in Port Royal-A small ty-
phoid outbreak was reported at Port
Royal. 1t is suspected the water sup
ply is responsible and an engineer
was sent up this morning to investi-
gate.