Evening star. [volume] (Washington, D.C.) 1854-1972, 1917-07-31

and experience. such costs would nee
essarily be incurred in reconstructing
a property such as that of the Potomac
Electric Power Company"
Other "insufilciencies and omissions"
as shown by tho evidence introduced
on behalf Of the commission are recited
in the bill, the company asserting that.
notwithstanding such disclosures. the
commission, in overriding under plain
tiffs exception q motion to dismiss.
held that the evidence was prima facie
sufficient to sustain the estimates sub
mitted originally as its tentative find
ings and to enable them to base an
estimate and finding of fair value
thereon"
In stating its general objections to
the findings of the commission. the
company. in its bill, says that the or
der. opinion and findings are 'unrea-
sonable and unlawful for the follow
ing, besides other. reasons:
Objections to the Findings.
"First-Because the said commission.
in its conception of the law and its con-
duct of said inquiry, misconstrued. mis-
applied. ignored and violated the pro-
visions and purposes Of the law under
which they were acting" instances be-
ing recited in support OF this allega-
ton.
"Second-The said opinion. order and
findings are based upon illegal and in
competent testimony" particulars be-
ing quoted in support of this state
commission accepted the reports of the
accounting and engineering divisions or
the valuation bureau without sufficient
evidence that they were prima facie
| correct.
"Third-Because in finding that the
\ n
| and equipment of the plaintiffs prop
erty, including the amount expended to
procure it's right of way, was but w.
| 17.6S6:43, when the evidence intro
duced showed that at least $15'o42.-
1902 was expended for that purpose,
exclusive of many proper and legitt-
mate expenditures shown to have been
made but omitted from the account by
reason of the loss or destruction OF
| evidence"
The bill asserts that the commission
enormously eliminated from the his
torical cost Of property. as Of July !.
1916, costs to the amount of at least
$5,s24, 744.59. and sets forth in detail
items aggregating this amount which.
it AYERS, should be restored to and in
| cluded in the historical cost.
Estimate Cut in half.
| "Fourth-Because in finding that the
amount of money it would require to
secure the right of way. reconstruct
| the conduits, subways. poles, wires
switchboard. exchanges. offices. works.
storage plants. power plants. ma
chinery and any other property or in
strument not included in the foregoing
enumeration used in or useful to the
business of such public utility and to
replace all the physical properties be-
longing to the public utility, was but
$11.090.22S.78 when the evidence
| showed a he Inf nf
certainment 1t would have required at
least the sum of s23,235.3S7 to secure
reconstruct and replace said property
exclusive of many items Of cost omitted
by reason of the impossibility of as
pertaining with certainty the existence
Of many items of property or the cost
| thereof
| "Fifth-Because it found the fair
value of the property of the Potion &C
Electric Power Company to be but SILL
| 25l.lIO.43 as OF December 81, 1916
without any evidence of such value on
that date, instead of S23,235,3S7 a,
least. Notwithstanding the omission OF
many elements of value because as
shown by the evidence of the difficulty
OF valutng them with sufficient GER
tainty for the purposes Of legal proof
! Sixth-Because the statute under
which said valuation was made is con-
trary to the Constitution of the United
States and to natural rieht ana in,
[ tice"
| The bill sets forth that the Wash
fngton Railway and Electric Company
which has contract with the Potomac
Electric Power Company for securing
all the electric power it needs, is made
party defendant by reason Of it's in
terest In the proceedings as sole stock
holder In the complainant company. as
party to the contract referred to
ana Its guaranty of the power con
| Germs bonds
| The company is represented by Attor-
| neys S. r. Bowen. John S. Barbour
| Charles Douglas and ]. J. Darlington.