New Britain herald., 1918-03-25
FINDING IN FAVOR
 OF SIX CENT FAR
?. U. Commission Finds COnneCti-
 cut Co. Was Justified in Increase

just and should be allowed to stand. The finding was on a petition against the increase filed by the city govern ment of Hartford and on which hear ings were given. This was consid- cred a test case for the state.
 The finding follows:
 To the Honorable Public Utilities
 Commission of the State of
 Connecticut:
 The petition of the City of Hart ford respectfully represents:
 CD That your petitioner is 8 mu- nicipal corporation chartered as a city located in the County of Hart ford and State of Connecticut.
 CD That The Connecticut Con- pany ia Q corporation chartered by the General Assembly of the State of Connecticut with authority to oper- a to an electric street railway system in the streets of the City of Hartford and in various towns adjoining said city.
 (3) That on Or about October i, 1917, the said Connecticut Company increased it's unit of passenger fare from the tive-cent fare, so-called, which was the fare demanded and charged by said company within the
 
 from all points within said city to va rious points in said adjoining towns, prior to that date. to the six-cent fare, so called, and that since said date said company has charged and collected within said City of Hartford and adjoining towns, said six-cent fare for passengers.
 (4) That said six-cent fare, so called, is excessive and unreasonable in so far as the lines within the City of Hartford are concerned and in so far as the lines from said City of Hartford to various points in said adjoining towns are concerned.
 (5l That on October 15, 1917, the Court of Common Council of the City of Hartford passed certain resolu tions which were approved by the mayor of said city on October 23, 1917, and reading in part as follows:
 Resolved: That the Corpora
 ton Counsel be, and he is hereby
 instructed in behalf of the City
 of Hartford. to imm ediately peti-
 ton the Public Utilities Commits
 sion of the State of Connecticut,
 for hearing on the increase in
 trolley fares, alleging that the in
 crease in fares to six cents is un-
 reasonable. and praying that said
 commission pass an order requir-
 ing said fares to be reduced to
 five cents within the limits of the
 City of Hartford and the towns
 imm ediately adjoining; .'
 Your petition therefore prays that your Honorable Commission will cause such notice as you shall deem reasonable to be given to said The Connecticut Company Of the time and place of appearance to answer to the foregoing petition, and upon due hearing, shall determine, order and prescribe just and reasonable maxi mum rate and charge to be made thereafter by said The Connecticut Company within the limits of the City of Hartford and to various points in the town adjoining said city for the carriage of passengers, said maM- mum rato and charge not to exceed the five-cent fare, so-called, charged by said company on said lines prior to October 1, 1917.
 Dated at Hartford, Connecticut, this 24th day Of October, A. D., 1917.
 City of Hartford,
 By FRANCIS w. COLE,
 It's Attorney.
 Said petition was duly assigned for hearing at the office of the commission in Hartford on Monday, November 12, 1917, at 11:30 o'clock in the forenoon, of which due and public notice was given as by order of notice and re- turn on file will fully appear, and at which time and during the subsequent adjourned hearings, the parties in in- terest appeared with their witnesses and counsel and were fully heard.
 The only issue involved in this case Is based upon allegations contained in paragraph 4 of the petition. Counsel for petitioner made an opening state anent of the city's claims but did not attempt to prove or make out a prima facie case by the introduction of evil dence, relying upon the theory that the burden was upon the respondent to show justification for it's rates. The commission ruled that inasmuch as the old rates had been in existence for n consid erable period of time prior to the present increased rates com plained of. and as all the material facts per faining to the reasonablenesS of such rates were more or less exclusively within the knowledge and possession of the respondent, it should proceed bv offering whatever evidence 1t had in Justification of it's present rates.
 Whatever weight may ordinarily be attached to the presumption of req condolences of a long established pre- existing rate, it is materially lessened by present economic conditions within the official knowledge of an admins trative tribunal While the burden of supplying the facts may be imposed upon the respondent, the burden oi establishing it's material allegations from all the facts submitted still rests upon the petitioner, under the laws of this state permitting the company In the first instance to establish it's rates or to change a company made rate.
 Counsel for the petitioner objected