Evening star., 1921-03-14
KUTz AGAIN DELAYS
| GAS-RATE HEARING
Thinks 1t UnadvisabIe to
Proceed Until New Commits
SionerS Take Office.

After citizens had strenuously OBJ
jected to one Commissioner holding
hearing on gas rates. col. Charles ".
kutz, the only qualified member Of
the utilities commission. today con-
tinued the hearing until 1890 o'clock
tomorrow morning.
This is the second continue ton and
leaves the commission only three days
in which TO hear testimony, reach a
decision and issue an order, since tho
present rates expire on Friday. lf
action is not taken by the comm ssion
the rate 10 private homes will go
down on Friday from sl.32 to % cents
per thousand cubic feet.
When Col. kutz asked counsel for
both sides how much time they eN-
pccted to use. Attorney Benjamin \.
Minor. for the Washington ard
Georgetown Gas Light companies.
said h" believed he could present the
compa panies' case in half an hour.
Sets Limit at One Day.
William Mex. Clayton. representing
the Federation OF Citizens Associa-
tions. told COL kutz that he could not
estimate how much time he would
need. He SAID he intended to ma Ike
the record in this case full and COM
plete for the benefit of the two new
Com ssioners."
Col. kutz. after comforting hastily
with Corporation Counsel stephens
and Walter c. Allen. executive sec
retary Of the commission, announced
that he would continue the hearing
until 1890 o'clock tomorrow morn
ing. but warned MIR. Clayton that the
hearing would have to be concluded
in one day. even il that necessitated
a night session.
We'll. I'll be here for the night
session" Mr.. Clayton rejoined. as
the meeting concluded.
When the colonel called the session
to order he asked for expressions of
opinion as to whether testimony
should be taken today in view of the
possibility that Cuno II. Rudolph and
capt. James F: Oyster. selected for
would be confirmed before tomorrow.
Felt He Had Legal Right.
Mr.. Clayton began to present rea-
sons why he did not believe it would
be legal for Col. kutZ to hear the
evidence alone when there is not a
quorum of Commissioners in exist
ence.
Col. Kutz interrupted with the
statement that it was not a question
Of his legal right to hold the hear
ing. but only whether 1t would be
advisable or not. He said he felt
hdo Tie ieSdl TlSHt.
Il do not agree that you have the
legal right to proceed" Mr.. Clayton
stated. Il contend there is no Pub
lie Utilities Commission competent to
Attorney Charles w Darr, represent
ing the Washington Lunch Room Asso-
ella ton. which is interested in the whole
| sale gas rates. agreed with Mr.. Clayton
and said he doubted seriously the wis
dom of one Commissioner proceeding
i iC la11 fn hn f,,ft
| commission tomorrow
Attorney Urges Speed.
| Attorney Minor for the gas companies,
| when called on by Chairman Kutz for
| an opinion. said he believed the com
, mission should proceed at once. espe-
| cially in view of the short time remain
| ing before the present gas rates ex-
pire. He said that documentary evil
dence taken could be presented to the
new Commissioners after they take Of
| flee.
Mr.. Minor said the evidence to be pre-
sented at this hearing bears so close a
relationship to the records in the last
gas case that he did not see the neces-
sty for going very deeply into the sub
ject
Il cannot agree with Mr. Minor that
this case is hitched on to some other
ca se." Mr.. Clayton stated a moment
| later. He added that the new Com
missioners are not familiar with the
IoTfHeT CdSe. anu toT lnGL reason the
record in this case should be full and
complete.
Evan H. Tucker. president of the
Northeast Washington Citizens As
sociation. said he objected to the hear
| ing being held before one Commission
| er because Mr.. Minor did not say he
would abide by the decision of the
! new commission if the hearing was so
! held. Mr.. Tucker pointed out that IL
| the rates should be reduced the gas
| companies might have ground for legal
objection if the hearing was held by
| Col kutZ alone.
w. d. Shoemaker. representing citi-
| zens of Maryland in the vicinity of
| Chevy Chase. did not question the au-
thority Of Col. Kutz to proceed alone,
! but cautioned against such a course
and urged the chairman to wait until
| full commission is appointed.