The Washington times., 1919-01-17


passed upon the question OF the fai--
ness OF the new rates, aud shell si-
legged confiscation. the company should
continue to bill customers at the old
rates; but deposit in a fund the differ
ence between the old and new rates
out of which users Of electricity shall
be repaid should the new rates of the
commission be upheld.
The company has now in that re-
payment fund between $500, 900 and
$500 900. which is likely to grow to
mere than 81 100000 before an ulti-
mate decision is reached In the higher
courts.
He Needs Assistance.
Judge Gould is expected to render
his decision some time in the near
future He has been working upon
the ease-working hard. too-but he
has been so bothered by continuous
judicial work upon other cases that
he has been unable to concentrate
upon this most important one. Which
brings forward the fact that Con-
gress deliberately declines to grant
the two additional justices OF the Su-
preme Court of the District necessary
to give litigants before that court q
chance to have their cases passed
upon
The Senate more than sixteen
months ago passed a bill providing
for two additional justices for the
court. It has stuck in the House,
Representative ]. Hampton Moore and
others having reached an under
standing to fght all bills providing
additional Federal Judges anywhere.
~ In "A No
care a rap for its interests, the Dis
trict is helpless to obtain the relief
so seriously needed in its courts.
The fact may be true that in the
past Congress has passed bills for. ad-
ditional judges which merely made
places for political appointees, and
that Republicans may want to stop
Democrats from obtaining these ad-
vantages, but q serious condition
exists In the District courts that
ought to be remedied, regardless OF
the motives back Of those who oppose
more judges.
]. Harry Covington, formerly .
member of the House. afterward a
justice Of the District Supreme Court
has worked hard with his former COL
leagues in the House to have the ad-
ditional justice provided here, but op-
ponents OF the measure are obdurate
Over Two Years Behind.
When Judge Covinston left the Dis
trict bench nearly a year ago to re-
sumo the private practice Of law, the
dockets OF that court were congested
as In no other court OF the land. The
court was then and is now more than
two years behind IN clearing its dock
cts. and will continue to get further
behind until something is done to al
ter the situation All legal interests
in the District are suffering thereby,
and the number of litigants who may
be heavy losers by delay multiply
right along. Many hundreds OF i'm
portant cases are hanging.
This congestion in the Supreme
Court enabled three or four thousand
tenants to stave of eviction during
the war and up to this time. In that
respect the situation might have been
beneficial 1t was known that appeals
in these tenant cases could not be dis
posed OF for two years or more, and
that tenants who were prepared to
fight decisions Of the Municipal Court
for eviction were assured of remain
ing in their homes or rooms for long
periods
Electric Light Case.
What Judge Gould has been "up
against" may be understood in the
assertion that the Potomac Electric
Light case is probably the most VOL
luminous ever submitted to a court
OF the District. The case involves
not only the valuation OF the proper
ties OF the company, but the justice
OF rates TO the public. The Public
Utilities Commission, in May, 1917.
completed its findings upon the val
uation Of the company. 1t had spent
many months in this work, obtaining
the services Of welI-known experts.
The findings of the Commission
were that the fair value OF the prop
erty OF the company as Of December
81. 1916, was $11 ,231.170.
Company then claimed and still
claims that its properties are worth
about s25 100000, more than double
the value fixed by the Commission.
Having fixed the value OF the COM
pany, the commission proceeded TO
lower the rate to consumers so that
the returns to the company would pay
all operating expenses and leave q
dividend to the Washington Railway
and Electric Company. which owns
the company, or about per cent.
Dividends Of IL per cent had been
paid prior to that time. That is st:ll
the rate paid, although in the past
year the company did not earn that
much.
Testimony Voluminous.
So Judge Could must pass not only
upon the valuation Of the company,
but upon rates. He has had to go
through thousands OF pages Of testi-
mony and briefs. In the testimony
on valuation alone there are nine
volumes OF over 600 pages to the
volume, more than 5000 pages. There
is one brief OF 400 pages In addition
is the testimony taken in the rat.
case. consisting OF several thousand
pages.
Judge Gould has been compelled to
read laboriously through all these
records and at the same time handle
his share OF routine cases coming
before the court, decisions upon
which had TO be rendered as he went
along or held for mature study as he
could get the time.
This sort OF thing has affected his
"alth. as 1t does the health Of all
judges under similar strain