The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1918-04-01
BY j. Il. s. LYLE

way SYSTEM, pTOCcuuTe WOulu w
as follows:
The ordinance provides that the
council shall first determine what
part of the system 1t desires to
acquire, in whole or in part, and
then the same, together with any
public rights or franchises which
the owner may have to maintain
and operate them, shall be ap.
praised at a fair and just valu-
alton by this council of said city
which may employ such expert
assistance in making said ap.
praisement as may be necessary
In other words, it is the duty OF
the council to first find out IL
detail what it proposes to bu.
and what it Is worth.
The ordinance provides further
that the result of such appraisal
shall be certified to the owner Of
the street railway property fol
its consideration and accept.
ance as to the amount to be paid
Should the owner fail to accept
the appraisal within sixty days
after the receipt of the same, OF
submit counter proposal within
that time which would be salts
factory to the council, the owner
will be deemed to have refused
the offer of the city for volun-
tary sale.
In that case the council is au-
thorized to take the necessary
steps to condemn and purchase
the property for price not ex-
ceeding the sum of So, 100000,
The condemnation of the sys-
TEN is court proceeding to have
the value of the system fixed by
jury of Pierce county citizens
and taxpayers.
A petition will then be filed in
the superior court by the city
and in due course judgment
will be entered by the court de-
claring the purpose to be pub.
lie purpose and that public neces-
sity requires the condemnation oil
the system and a date set for the
trial Of the case before a jury.
The information gathered by
the city in its appraisal will be
the basis for it's proof as to the
value, and men qualified as ex-
perts on such subjects will be
witnesses for the city. The
street car company will likewise
present its evidence, and there.
after the question will be sub
mitted to the jury on the evil
dence as produced and verdict
rendered fixing the market value
of the property of the street rail-
way system and il the cost is not
more than s5,200,000 the city
may obtain possession of the sys-
TEN by paying the money into
court.
In connection with the above
proceeding, however, there will
be a legal complication which may
be fatal. 1t will be remembered
that ON December 81, 1915, the
public service commission fixed
the valuation of the street rail.
way system at $6,2S7,S46.60
The public service law provides a
procedure for valuing public ser
vice property, and in making such
valuation it provides that it shall
lind the total market value of the
property.
1t provides further that such
findings shall be admissible In
evidence In any action, proceeding
or hearing, excepting with respect
| to matters of assessment and tax
lation, in which any municipality
and the public service company af.
tfected is interested whether aris.
ing under the provisions of the ac'
or otherwise, and makes such find
ings conclusive evidence of the
facts stated in such findings.
The question, therefore, will bs
whether or not these findings are
the controlling evidence in tho
case. subject only to such changes
In value as are shown to have TAX
en- place since December 81, 1918
Unfortunately their question can
not be settled until the expense Of
the trial has been incurred and an
appeal has been taken to the su.
preme court.
| Should the street car company
have the case removed to the fed.
eral court, as II could do If n sc
wished, then the question would
be decided by the federal court.
OF course. 1t is not for me tc
express any opinion on the legal
| ity of this question and therefore
| shall not attempt to do so.
This section of the public utih
ties act was before the supreme
court in 1911 in the case of State
ex rel Oregon Railroad & Naviga
ton Co. VS.. Clauson, SIS Wash
535, on the question as to wheth
er the valuation OF the property o.
the railroad company fixed by tn,
public service commission wa!
binding on the subject OF taxation
and the court held II was. Thl
led to the exception as to taxatioi
being put In the amendment to tn
act OF the legislature In 1919
The question as to whether 1t ~
plies to condemnation proceeding
has never been before the court.
]. T. g.. LYLE.