Evening star., 1920-03-02

Courts Commeat on Case.
Justice Gould had the case under
consideration more than a year, and
in his opinion csils, attention to the
extent Of the task. He points out that
the investigation by the commission
covered a period Of two aud half
years, and its finding filled los printed
pages. The record Of testimony COM
prised 62,221 pages in nine volumes:
the report of one expert covered 1,2S4
pages, and the findings of other experts
an equal amount: The brief OF one OF
the counsel for the company contained
b57 pages. All this the court was
obliged to read "at most exacting ex-
pense of time and labor" The courts
opinion contains twenty-six typewriter
pages.
pany, the court notes. to the account
ants and engineers of the commission
in their ascertainment Of the historical
and reproduction costs. 1t INDUCED.
says Justice Gould. in a system OF
negative obstruction far from COM
mendable. and while it may not have
actually concealed the truth in any in
stance. it certainly put itself to no
pains to advise the commission OF any
facts relative to the extent, location or
cost of its property"
Various Cost Items Disallowed.
In his opinion the court refused to
allow various items of cost claimed by
the company totaling several millions.
One is a difference of $1,91 .15O.11
claimed in connection with the pur-
chase of the United States Electric
Lighting Company. "If this excess
amount actually represented any
thing" says the court, lit represented
an attempt to capitalize, as against
the public, the privilege OF franchise
to use the public streets of Washing
ton for public purpose which had
cost the United States Electric Light
ing Company nothing"
The power company also claimed
that il had a right to the allowance,
property, of the sum of $1.000.000.
representing what it paid in it's stock.
for certain water rights at what is
known as the Great Falls power site.
TT is a significant fact" the court
points out, that these rights to this
non-productive property were not only
previously acquired by the Washing
ton Railway and Electric Company
and held by it for twelve years before
IT transferred them to the power com
pany, but that title. up to the time of
the hearing in this case, had not been
perfected, either in that company or
in the power company. 1t is also
worthy of notice that shortly before
iHt puDIlC ulilllieS Id" was enacted
the Washington Railway and Electric
Company and the power company act
ing through identical boards of direc-
tors, consummated transaction by
which these rights were transferred
10 the power company for $1,000 900
OF the stock of the latter company.
Valued Power Site ProbIematical.
This power site is located outside
the District Of Columbia. 1t has never
been used for the purpose Of supplying
power to those who use electric cur
rent in the District of Columbia, nor
record that 1t ever will be so used by
the power company. It's actual value
Is problematical and the ability of a
private owner of power rights at this
plicated by the larger federal govern
ment's interest therein. No witness
who claimed to have any knowledge
on the subject testified as to what
there was no justifiable theory upon
which the s1,000,000 of stock issued
for 1t by the power company could
be treated as an actual value Of ST.
OO0, 900 upon which the power COM
pany would be entitled to collect rev.
enue from it's patrons in the Distric,
Of Columbia. The commission. there.
fore, did not err in excluding it
either as an item in the historical
cost OF the property. or in the repro
duction cost, or in its finding of fair
value.
Graceland Cemetery Item.
Referring to a claim of s1l6.155st
for the Graceland cemetery property
the court says: The evidence dis
closes that this property had never
been used for the purposes of tn,
power company; that 1t had been &C
Guired for the benef1t of the Wash
tngton Railway and Electric Com
pany. and was. in fact. at the time O.