Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-07-06
Commission Reserves Decision.

IF
siderable time.
Commission Reserves Decision.
The commission today. following eX-
tended argument by John 5. Barbour
on the application of the Washington
Railway and Electric Power Company
to be made a party respondent to the
valuation proceedings of the power
company. reserved decision. and Tues
day will hear the argument of its gen
eral counsel Conrad H. Syme, upon
the legal questions involved.
1t is believed from the position Mr..
Syme heretofore has assumed before the
commission and Congress that he VIII not
be in favor of either making the WASH
ington Railway and Electric Company
formal party to the proceedings or having
the valuation of its property considered al
this time. or in connection with that OF
the power company.
Mr.. Barbour insisted in his argument
that the Washington Railway and Elec
trio Company and the Potomac Electric
. Power Company were Identical in interest
and that fair rate of return upon the
property of one could not be fixed unless
it was based upon the valuation OF the
other also. He read numerous cases to
the commission in support of this position.
Presents History of Company.
The history of the formation of the
Washington Railway and Electric
Company. as set forth in COMPRESSION
al reports and the law authorizing its
creation, was presented in detail by
Mr. Barbour. who declared that the
consolidation and unifying of the en-
terprises combined by the company
had been the means of developing sub
urban railway service and stabiiizing
the Investments in the subsidiary con-
, Germs. Congress. he urged, had au
thorized the amalgamation in good
faith; the public had accepted it as an
investment opportunity. and the stock
holders whole are interested in
any valuation or rate proceedings af-
fecting any one of the subsidiary COM
panies.
Should the commission decide to
grant the application il may result in
the proceedings being halted until the
tentative valuation of the railway COM
pany is announced. SO that the value of
all the properties embraced in the par
ent company may be considered stimuli
taneously. The railway figures prac-
ticaily are completed. il is stated. but
under the law thirty days notice would
have TO be given before hearing could
be held.
II the commission denies the petition and
the hearing is resumed next Tuesday, it
will call it's first witness Charles l..
Pillsbury, chief engineer of the valuation
bureau.
Accepts Burden of Proof.
The commission originally had intended
following a method of procedure which
would require the company to introduce
e$idence TO disprove any of the valuation
figures with which it disag greed The
company, in response to this proposed
plain, claimed that the burden of proof in
substantiating the suggested valuation
rested upon the commission, and cited
numerous court decisions in support of
this position
In attendance at today's hearing
were all the big officials of the power
company, while the legal represent
atlves included, in addition to Mr.
Barbour Charles A Douglas and S.
p Bowen.
The task that confronts General
Counsel Syme of the commission is one
OF Importance. as the legal questions to be
considered are numerous and the commits
Gon mas not lawyer upon it, The entire
responsibility of advising the Commission
with respect to procedure and its action
upon the different questions of law which
VIII arise will be thrown upon the gen
eral counsel, and the duty rests upon him
10 sustain all action of the Commission
from which appeal is taken to the courts
e.