The Washington times., 1918-02-20
Great Army For Heraded Drive West Front o End War
GAS RATE RISE
ARGUMENTSOVER,
EDICT AWAITED

1 act OF Congress fixing the present
rates provided that nothing contained
In the act shall be construed as iim1
ting or taking away the powers nov
vested BY Law in the Public Utilities
Commission OF the District Of Co
lumbla."
This being 80 the question presented
by Mr.. SYme was simply Yhetser thu
Public Utilities Act gave 10 appears
taken bye public utilities from tn
Commlssion's valuations OF their prop
critics the eject OF tying the Conlmis-
sion's hands so that 1t can hx no ser
vice charges or rates until those val
uations have been finally sustained by
the courts.
The law, Mr.. Darlington says. ex-
pressly declares that no appeal, I'M
lees the court or commission shall 30
order. shan operate to stay any order
OF the Commission It Is the right
and duty of the Commission, on the
basis Of its valuation. to proceed 70
the performance Of the further duties
imposed on II to determine the rates
10 be charged the consumer. No ap-
plicatlon for a stay OF the valuation
oTder mas been made to the courts.
Electric Light CaAe.
MI. Darlington refers to ,Ae fact
that the Utilities Commission. having
made . valuation % the property Of
the Potomac Electric Light Company.
Notwithstanding the company ap-
pealsd from its valuation to the courts,
proceeded to lower the rates charged
" that company to consumers. These
rates are also under attack in tbs
This would mean, Mr.. Darlington ar.
cues that the commission. having de-
termlned that a valuation demon
Strates that . public utility Is charK-
ing rates excessive, unreasonable and
unjust, IL has power to reduce those
rates while valuation is being at
tackled In the courts, but that whea
valuation determines that existing
rates charged BY a utility are made
quate and should be advanced. tha
appeal from the valuation takes away
the Jurisdiction OF the Commission %
Increase rates This, Mr.. DarIInEton
holds, would "make nsh Of one utii-
ny and flesh OF another"
RfeauS Conferences.
Mr.. Darlington recalls conferences
he had with AFR. syme about the APP
peal from the valuation, stating that
the appeal was Instituted to preserve
the right OF appeal; that Il did not
mean that II would be prosecuted TO
? decree or hearing; that II the COM
mission should grant a rate return
order that was satisfactory. the com
pany could dismiss the appeal.
He could not see that the clear
legal right OF the company to take the
steps IL did could give just umbraKs
or create any hostile feeIIng.v He
could not feel that the comuiasIOn is
invited to punish the company for
exercising Its clear and uanaiStakabla
right OF appeal, or that the eommIs-
sion viii compel the company 70 toFo-
go that right and abandon It's appeal
or else be subjected BY Inaction -
what this record demonstratss bevoa(
contradiction E-ilI be . coafiseakoFY
rate 1.-THE preaent one1. Involving GROas
financial loss and possible destFn011ou
OF ability adequately to seREe tbs Dub-
and need:"
Even II the company ShaalG sennss
from rate that me CommlG1
might fix for gas It would Be exsFe.
ing right given IL By tie Ukifalaa
act. AR. Darlington further aFRuSa
But. lis 1t cOnesiyabls Gkal q
Commission Gould or could - -
TERED from the peFfornAacO Of q -,
lie duty through apprshsnSion EhaffNo
Of that duty. IN ~ -
ereiss OF its best judgment, HtSARS
subjected to the test Of Re 49,
from it?"