Evening star. [volume] (Washington, D.C.) 1854-1972, 1920-08-14
COURT AUTHORIZES
BOARD HEAR|NGSON
D. c. LIGHT RATES
Injunction Granted in 1917 Is
Modified-Any Change
Must Get Court O. K.

Justice Hitz of the District Supreme
Court today signed an order modi-
flying the injunction granted by JUS
tice Gould in 1917. preventing the
Public Utilities Commiss from put
ting into effect its order reducing the
price of electric current to cents
per kilowatt hour.
The modification permits the COM
mission to proceed with it's hearing
on the application of the Potomac
Electric Power Company for an in
crease in its present rate.
Must Report to Court.
Any finding by the commission as
to the proper rate to be charged is to
be reported to the court. according to
the order of modification, before being
put into operation. The rights of the
company and of the commission and
the public under the injunction of
1917 are to be preserved.
The company asked that the in
Junction be modified so as to allow
an increased rate because of the high
price of labor and materials. The
commission sought to have the in
junction set aside entirely before pro-
ceeding to consider the new appli-
cation.
The order of Justice Hitz is in the
nature of a compromise between the
two requests and is consented to by
Corporation Counsel Stephens.
Order Signed Today.
The order presented by Attorneys
Bowen and Yellott. for the power
company. to the court today. and
signed by Justice Hitz, reads:
"Order of court modifying enjoin-
ing order of July 81. 1917.
The petition of the plaintiff (Po-
tomac Electric Power Company Cor
Nf fhn inip incy ar1n
passed by this court July 81. 1917.
having come to be heard. and having
been fully considered, it is thereupon.
this 14th day of August. 1920. by the
court ordered that said enjoining or
der of July 81, 1917. be. and the same
is hereby. modified by the addition
thereto of the following provision:
THAT. pending the final determina-
tion of this cause. nothing contained
in the said order heretofore passed
ing the right of the defendant. the
Public Utilities Commission of the
District of Columbia, to hear. as by
law provided. any application for
changes in any of it's existing rates,
whether prescribed by the commission
or initiated by the company. which.
upon the bass of fair value aScer-
tanned by the commission, may be
claimed to be justified by reason of
conditions arising since the dates of
said orders, Nos. 20S and 223.. respec-
lively. and, If the facts so warrant. to
pass an order or orders to modify the
svailable income of the company
through it's rates; provided that no
order affecting the rates TO be charged
by the Potomac Electric Power Com
pany shall be- made by the Public
Utilities Commission until copy of
the same has been submitted to this
court. and such modification made of
said enjoining order of July 81, 1917.
as this court may at that time deter
mine to be reasonably necessary to
preserve the rights of the company
and the public respectively. in the
premises pending the final determine
ton of this cause. Nothing herein
contained shall be taken as in any way
impairing or otherwise affecting pend
ing appeals from said orders Nos.
208 and 223. nor the right of the COM
pany or any interested party to apply
to this court, as by law provided. to
have vacated and set aside any order
or orders of the commission passed
pursuant thereto.
'And it is further ordered that, save
to the extent that the same is hereby
modified. said original order of July
81, 1917. shall remain in full force
and effect. WILLIAM HITZ.
Justice"