Evening journal., 1917-10-10
NO meter Rate: Ten
Gents more FOR GAS
Continued From First Page.

two. hours in Council chambers az
which several complaints we're lodged
bv citizens and organizations against
the gas company for making the
meter charge. Verbal protests were
entered by Representative J. bdward
McNabb. Horace G. Bastburn. George
H McGovern and Edward NJ. Davis
Of the voters NonePartisan League.
In permitting tho gas company to
withdraw the meter charge, the
Utilities Commissioners made It plain
that they were ready at all times TO
receive and act on complaints If the
company should attempt to charge an
unfair rate. They were informed by
C'ty Solicitor Bayard that they could
prevent the unfair or discriminating
rates charged.
was: ,,o,-
sNfr. James A. CORY, Secretary OF
Board OF Public Utility Commission
ers. City Hall, City.
Dear Sir-I beg to acknowledge your
favor OF the Sd inst, In which your
board asks me 10 render 1t an opinion
as TO the powers OF the board TO reg
ulate or prevent the Wilmington Gas
Company from making the proposed
tax of (25) twenty-five cents per month
per meter which charge is TO be et-
fective October 4, 1917
"The notice OF the Wilmington Gas
Company 10 which you refer Is as tol-
lows: (The statement was set forthl.
"And understand your board to ask
Two questions; first, as to the powers
Of your board TO regulate the charges
made by the Wilmington Gas Company
as public utility corporation for gas
served and sold TO the people OF VIII
mlneton; and second, whether your
hoard has the power TO prevent the
Wilmington Gas Company from impOs-
ing the proposed tax Of p cents per
month per meter upon the users OF
gas in Wilmington.
"Taklng up the frst proposition,
Section d Of paragraph 4 Of the act
creating the Board OF Public Utility
commissioners In enumeratlng some
Of the powcrs Of the board, states TO
direct any such public utility as here
IN defined. found 10 be granting unjust,
unfair or unreasonable determinations
40 Immediately cease from doing So
Under this quotation Just made, there
"a undoubted power given to your
hoard to make an examination OF the
facts Of the present proposed charges
by the Wilmington Gas Company and,
N the hoard. after a full and fair ex-
animation. should find that the action
Of the Wilmington Gas Company Is
either an unjust, unfair or unreason-
able discrimination, IL may direct the
Gas Company to cease making such
charge.
'Now, then, as TO the second propos-
ition. that Is, whether your board car
prevent the Gas Company from max
ing the proposed charge. Subsection
+ Of section 4 Of the act creating you
board provides that your board ha
mower to hear and examine complaint
concerning rates charged by any sue
public utility and herein defined, an
10 make recommendations and order
as it may deem proper, concerning sue
rates. BY this quotation from the az
Il is manlfestly evident that the boar
has full power after a complaint col
corning rates has been flled with
against a public utility body TO max
an examination OF the complaint an
make such recommendations an
orders as IL may deem proper. In thl
present case Of the proposed charge D
the Wilmington Gas Company for
monthly rate on meters, the Doaru i
given fun power upon compliant be
ing filed with it, TO make an eXaml
nation OF the facts and issue order
upon their findings.
"Very respectfully,
THOMAS F. BAYARD,
"Clty 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. era,
counsel for the Gas Company, If I'll
company would be willing to WITHDRAW
the meter charge and substitute. an III
crease in the gas rates. Mr. Ora
stated that the company would be Wi
ing to do this.
When the public session opened G. ]
Garretson, member OF the commits
sion moved that the Gas Compan
matter be made the special order {
business. He also moved that the mil
utes Of the special meeting held wit
the Gas Company representatives las
week be laid over until the executiN
session which followed. The commum
cation from City Council aFlling N
commissioners 70 make an investigatio
OF lhe financial status of the Gas Con
pany was also laid over until the exec,
i've session. At that sassion IL ,yas ii
Sloeo 70 Inform Council that If IL won
provide the money for such in,-,.t H.
lions they would be made ss's
During the public meeting y ,
Davis stated that he had cauea 90, ),
proposed advertising campaign aga,-
the gas company last SATURDAY., ~,
Harold S. Schutt, general nanaoo,'
the company, had voluntarily called
him and agreed to have The me
charge revoked. Davis claimed he ,
Mr.. Schutt that the Non-parti
League would not oppose a fair
crease In the rate charged for gas.
Mr.. Davis concluded his remarks
saying that he had been authorize
say that certain man stood read
purchase the Wilmington Gas {
pany's plant and TO operate II wit
one cent of increased cost for "a
the cosumers of this city, and
thermore he stood ready TO produ
check this morning for the sun
one million dollars in part payn
Mr.. Schutt and Mr.. Davis later
into the executive session Of the
missioners in Mayor Lawson's
and Mr.. Davis asked TO have the
nissioners read the minutes OF
executive session relating to the '