The Washington times., 1919-09-20
JRGEDECISION
ON VALUES IN
PEP. CO. CASE
Columbia Heights Citizens Seek
To Speed Findings by Justice
Gould n Old Appeal.
By BILL PRICE.

Members Of the Columbia Heights
Citizens Association, including W. L
swanton ana George A. Ward, Of the
public utilities committee OF the or
Eanization, have announced their pur-
pose 70 take up at the next regular
meeting Of that body the subject Of
facilitating q decision by Justice
Could, 5f the District Supreme Court,
Of the Potomac Electric Power case.
which has been before him about two
years
The claim ID that this case involves
many important phases Of valuations
u street railways BY the Public Utili-
ties Commission, together with rates
70 the public, and that az ~ important
70 the public as well as to the litf-
agante directly concerned that this
case be disposed Of
Messrs. sWanton and Ward have
announced that they win seek to have
the association go before the District
Court % Appeals and urge the is
suance o. an order by that body to the
court below for expedition. Other
members OF the association. however.
win oppose this as a reelection upon
Justice Gould, who Is regarded as one
Of the ablest and most courageous
one element Of the association will
urge the appointment OF a committee
70 so before Justice Could personally
and urge him TO hasten the decision
as much a. the conditions Of the Su-
preme Court win permit.
GouH UCs UEEe1 spseG.
Il is known 20 most people that
Justice Gould many times has sought
to hasten the disposition Of this utiI-
tiles case, re1HEiaF it's important
bearing upon ether ability cases that
are going befcfe the Glme court on
appeals and upon the attitude Of che
Public Utilities Commission 20 such
questions.
The record In the j. j. p. case, be-
fore Justice Gould since August, 1917,
is most Voluminous one, embracing
4 an immense amount OF testimony,
with masses of figures and technical
data
The Utilities Commission had TINS
case before it for years In July,
1917, the Commission handed down its
decision reducing the rate for elec-|
tricity Ga Washington from 10 cents
10 8 cents q kiloWatt hour. This was
after the Commission had reached a
valuation OF the properties Of the Po-
tomac Electric Power Company Of
something over &11. 900 900.
The company entered two appeals
in the Supreme Court, one from the
valuation figures as too low and IS
confiscatory, and one from the light
ing rate as entirely unfair and con-
figcatoFy On the latter Justice
Gould granted an Injunction restrain
ing the commission from lowering
the rate; directing that the company
collect from electric light users the
former rate Of 10 cents, but requiring
that the difference between cents
and 10 cents be placed in q trust
fund FOR return 20 users III the final
decision OF the court was adverse to
the company.
Gsooo0o In TFugt Fuud.
As 3 result OF the impounding Of
these trust funds there IS about $780,
coo. which wiz eventually 80 to the
company o. 20 It's patrons. II the
Washington Railway and Electric
Company, which owns the p. y. p,
had this fat fund or even q good por-
ton Of Sc the compauy's financial
difficulties would be considerably re-
lleved.
Further hearings on the injunctioR
were Suspended BY agreement Of coun-
sci 20 push the appeals from the
valuation. inaEmuch aB the dnal rate
Tor electricity viii depend 20 con-
siderable extent upon the dndings Of
the court" OF last resort Gg to the
valuation OF the P, =. p. properties.
Justice Could heard the testimony and
arguments and has at various times
gone into the complicated data before
him. he has never had opportunity,
though to take the papers up for
uninterrupted ConEideration.
The business OF the District
Supreme Court Sc more than two
years behind because Of the failure
Of Congress 20 provide q sufficient
number Of justices. Justice Gould,
owing TO this congestion, is forced 20
take his turn in handling other trial
work and depend upon extra time,
which he seldom gets, to get into the
( power case Some months ago he took
few weeks from active work on the
bench % consider the power case,
but waB often interrupted BY judicial
business which he could not avoid.
Justice Gould's health also has not
been Of the best for several years.
RoToolI q BeGuettoa order.
Suggestion has several times been
made before the utilities commission
that u the commission would revoke
rs reduction order and permit the p
=. ?. 70 charge 10 cents without hav-
ing to impOund 500 900 q year. q large
part OF the street railway problem
might Be solved, but the commission
has consistently held that electric
lighting and railway service are two
different things; that each must bear
rs own burdens, and that there Is no
reason Why the electric light user
should be taxed 20 prevent the street
car rider paying increased fares.