The news scimitar. (Memphis, Tenn.) 1907-1926, 1919-02-11
Memphians Fought in Vain.

The Memphis delegation succeeded in
getting this feature taken out OF the bill
before II was passed, and then sought
to have Shelby county stricken out Oh
the bill in the matter of permitting the
fallroad commission to assess gas and
electric light plants. This feature, how
ever, was retained, as, it was explained,
eXetnptlng one county in a general bill
would make the act unconstitutional.
The proposed bill making the railroad
commission public utilities commits
sion has one section reading as fol-
lows: That the railroad and public
utilities commission shall have general
supervision and regulation of, jurisdic-
tlon and control over all public utilities,
and also over their property, property
rights, facilities and franchises, This
the Dill explains, means supervision over
and control of such utilities as steam
railroads., street railways, interurban
electric railways, traction companies
and common carriers; express, gas,
electric light, heat, power, water tele-
plant or equipment affected by and ded-
icated to the public use, under privi-
leges, franchises, licenses or agree
ments, heretofore granted, or hereafter
TO be granted by the state OF Tennessee.
Fix Rates and Regulations.
That the commission shall have the
power tc. iayestigate.s upon its own
siuttia atfveysy- UPON 5eofhplaint Nj
writing, of any matters concerning pub
lie utilities; shall have the right from
time to time to appraise and value the
properties of public utilities; shall have
the right after hearing upon notice, by
order OF writing, to fix just and reason
able individual rates, joint rates, tolls,
fares, charges or schedules thereof, AS
well as communication, mileage and other
special rates which shall be imposed,
0hCaTVn6 n nj hnr l..
public utility whenever the commission
shall determine any existing individual
rate, joint rate, toll, fare charge, or
schedule thereof, or communication, mile
age or other special rates to be unjust,
excessive, insufficient or
unJustly discriminatory or preferential
however the same may have heretofore
been fixed or established"
Right to Review Rates.
The bill also proposes to give the
commission the right to fix the fees to |
be paid by any consumer of any prod
uct or service of a public utility as
herein defined; that 1t shall have the |
right to require safe, adequate and |
proper service and to keep and maintain |
Its property and equipment in such con- |
dition as to enable it to do so; and that |
when any public utility shall increase |
rates, tolls, fares, etc, or alter any |
classification, the commission SHAH |
have power to hear and determine |
the increases and changes in |
are just and reasonable and |
to approve or suspend such increases or |
changes.
1t is further provided that no privi- |
lege or franchise granted to any public |
utility shall be valid until approved by |
the proposed commission; that any pub |
lie utility may appeal to the commits |
sion from any order or regulation made
Loo 1T.
erning body and the commission shall |
have the right to determine such Ques-
tions contained in the appeals ON their
merits,
The bill also would give the commits
sion the right to assess the properties
Of all public utilities defined above.
Senator Frank ID. Fuller said on his |
weekend visit here that he was quite
sure the bill will be passed as drafted
One Hope for City.
Constitutional lawyers claim that the
increased power that would be given
he railroad commission by making il a
public utilities commission will not
serve to give that body the power to
repeal municipal contractural fran
,hises between the cities and corpora
lions operating under such franchises.
For instance, the city Of Memphis has
4 franchise contract with the street
!
han a scent fare notwithstanding
he fact that the company isnnow in the
lands Of federal receivers, City Attor-
ley Livingston says the court has not
he power to destroy this contract or
lbridge the city's rights in the prem
ses under the contract In fact, the
,ity attorney holds that even the United
States government has not the right
n normal times TO abCidge a contract
made in full faith and in full force and
fleet.
The street railway company might
orfeit its franchise and then appeal to
he proposed commission for new rates
'ut the city would then have the right
o refuse to grant the company street
lights under a new franchise, or to i'm
,ose upon the corporation rentals for
he use of its streets.
The Memphis Gas and Electric com
,any also has a contractural agreement |
With the city as to rates etc, that are
considered binding. This contract was
made when the city agreed not erect a
municipal lighting plant and also agreed
o permit the old Consolidated corpora
ion and the Merchants Power company ,
o merge.
II the Consolidated should decide to |
orfeit its contract, then the city OF !
iemphis would have the right to go ,
head with the construction of the mu- !
icipal lighting plant. t,