Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1917-10-10
NO meter RATE; TEN
Cents more FOR Gas
Continued From TIrst Page.

the gas company iOr making the
meter charge. Verbal protests were
entered by Representative ]. Edward
McNabb, Horace G. Eastburn. George
II. McGovern and Edward NJ Davis
Of the Voters Nom-Partisan League.
In permitting the gas company to
withdraw the meter charge, the
Utilities Commissioners made It plain
that they were ready at all times 10
receive and act on complaints II the
company should attempt to charge an
unfair rate. They were informed by
CITY Solicitor Bayard that they could
prevent the unfair or discriminating
rates charged.
The opinion OF City Solicitor Bayard
was:
October 4. 1917.
"Nfr. James A. CORY, Secretary OF
Board OF Public Utility Commission
ers, City Hall, City.
Dear Slr-I beg TO acknowledge your
favor Of the Sd inst, IN which your
board asks me TO render Il an opinion
as to the powers OF the board 10 reg
ulate or prevent the Wilmington Gas
Company from making the proposed
tax Of (25l twenty-five cents per month
per meter which charge is 10 be eff
fective October 1, 1917.
1.-THE notice OF the Wilmington Gas
Company TO which you refer is as fol-
lows: (The statement was set FORTH.
And I understand your board 10 ask
two questions; first, as TO the powers
OF your board 20 regulate the charges
made by the Wilmington Gas Company
as a public utility corporation for gas
served and sold 10 the people Of VIII
mlngton; and second, whether your
board has the power 70 prevent the
Wilmington Gas Company from lmpos-
ing the proposed tax Of % cents per
month per meter upon the users Of
gas in Wilmington.
taking up the FIRST proposition,
Section D Of paragraph Of the act
creating the Board Of Public Utility
'oners. in enumeratlng some
OF the powers Of the board, states TO
direct any such public utility as here
in defined, found to be granting unjust.
unfair or unreasonable determinations
70 Immediately cease from doing so.
Under this quotation Just made, there
is undoubted power given TO your
board 20 make an examination OF the
facts OF the present proposed charges
by the Wilmington Gas Company and,
II the board. after a full and fair ex-
animation, should ind that the action
Of the Wilmington Gas Company Is
either an unjust, unfair or unreason-
able discrimination, It may direct. the
Gas. Company to cease making such
charge.
Now, then. as 10 the second propos-
IA rn-hnfhnr hoard ran
prevent the Gas Company from max
ing the proposed charge. Subsection
F Of section 4 Of the act creating your
board provides that your board has
power 10 hear and examine complaints
concerning rates charged by any such
public utility and herein defined, and
20 make recommendations and orders
as 10 may deem proper, concerning such
rates BY this quotation from the acl
10 is manifestly evident that the board
has full power after a complaint con.
corning rates has been fled with II
against a public utility body to make
an examination Of the complaint anc
make such recommendations anc
orders as II may deem proper. In this
present case Of the proposed charge b,
the Wilmington Gas Company for
monthly rateeOn meters, the board L
given fun power upon complaint be
ing fled with It, TO make an exami'
nation Of the facts and issue order:
upon their findings.
VERY respectfully,
THOMAS T. BAYARD,
City Solicitor"
AZ the executive session held by tn
commissioners In the Office OF Mayo
Lawson the latter part OF the evening
City Solicitor Bayard, at the reques
of The commissioners, asked Mr.. Gray
counsel for the Gas Company. if tn
company would be willing to WITHDRAW
the meter charge and substitute an IA
crease in the gas rates. Mr.. Ora,
stated that the company would be will
ing to do this.
When tho sublic session opened @.
Garretson, a member Of the commits
sion moved that the Gas Compan,
matter be made the special order q
business. He also moved that tho min
utes Of the special meeting held wit
the Gas Company representatives las
week be laid over until the executiv
session which followed. The cOmmun,
cation from City Council snking IN
commissioners TO make an investigation
of the financial status of the Gas Con
pany was also laid over until the execl
tive session. At that session 10 was do
cided 20 inform Council that if IL woul
provide the money for such investigt
tions they would DO made.
Durilng the public meeting 2. n
Davis stated that he had called on hi
proposed advertising campaign agains
the gas company last Saturday whe
Harold S. Schutt, general manager {
the company, had voluntarily called o
him and agreed 10 have the metC
charge revoked. Davis claimed he tol
Mr.. Schutt that the Non-Partisa
League would not oppose a fair II
crease in the rate charged for gas.
Mr.. Davis concluded his remarks b
saying that he had been authorized
say that q certain man stood ready
purchase the Wilmington Gas Con
pany's plant and 70 operate It withol
one cent Of increased cost for gas
the cosumers Of this city, and IN
thermore ne stood ready TO produce
check this morning for the sum
one million dollars In part paymen
Mr.. Schutt and Mr.. Davis later wei
into the executive session OF the con
missioners in Mayor Lawson's oft
and Mr.. Davis asked to have the con
missioners read the minutes Of q
executive session relating TO the wit
drawal OF the meter charge. This w
done also at the request Of Mr.. Schu
and both men then left the meeting.
The Gas Company announced Tn
m oil. a