The Alaska daily empire. [volume] (Juneau, Alaska) 1912-1926, 1922-08-31
COUNSEL HOLDS
CITY MAY NAME
ELECTRIC RATE
Says No Rates Are Now In
Effect and Council May
Fix by Ordinance.

In concluding the brief. counsel for
the city said:
IF the members of the Council are
not satisfied with the reasOnabeness
of the rates now being charged, there
is nothing to prevent the Council
from fixing and determining upon a
reasonable rate by ordinance Ii
such a course should be determined
upon. all parties interested should
be notified and the time fixed for
hearing. witnesses examined; the tes-
timony reduced 10 writing by
stenographer and the whole matter
gone carefully into. And If upon
such a hearing. it should develop
that the present rate is unreasonable.
the Council should proceed TO fix a
rate If dt is found to be unreason-
able an ordinance could be passed
adopting it as the rate to be
charged STRICTLY speaking, notice to
parties lint crested ard the hearing
upon the question relating to the
reasona bleness of rates are probably
fIOL DNCtSSplN VII view vi tlIC ltiNl t4ldt
the action of the Council in such
cases is Legislative and not judicial.
but such notice and hN1rng would
in any case be fair and might save
either one or both parties the cost Of
litigation The due process clause
of the Federal Constitution limits
the rowcr of Congress and all NUM-
cipalitics existing under its authority
so that all rates fixed must be rea-
sonable and the courts have power
to inquire whether the provisions
of the Constitution have been violat-
ed Accordingly any action taken
by the City Council in relation to
rate regulation Is renewable by the
courts. The Council, wherefore. in
exercising THE power or regulating
rates. shor'd proceed with caution
and fully satisfy itself before acting
that rhe rate to be adopted is rca-
sonable"
Mayor Outlines Ordinance
Mayor Robertson this afternoon
outlined the rate provi1'ons that will
be contained in the ordinance which
will be introduced tomorrow night
when the City Council meets. These
rates will correspond to those sug
gested by the Mayor in his communi
cation to the Council last July, as
follows:
An increase of one cent per kilo-
watt hour en- lighting service. but to
continue the sliding scale on basis
of cents and cents during the six
winter months, commencing Novem-
be- l. next.
Increase OF three-quarters of a
cent per kilowatt hour on heating
and cooking service during the six
months commencing November /.
Increase of so cents per month on
each hot water heater
For the remainder of the year the
rates prevailing prior to August
will stand.
At the time these rates were orig
inally submitted iii was estimated by
the Council that they would bring
to the light company additional reve,
nue. amounting Ito $3.50, or suff.
Gent to cover the increase in cost
claimed by 1t on electricity pur-
chased from the Alaska Gastineau.
Mayor Robertson sad under the
circumstances it would probably be
necessary for light and power con-
sumers ITO pay August bills at the
rate assessed by the company per
sonally, | believe that notice should
be given the company that payment
at the rate charged is made under
protest so that in case a lower rate
is finally agreed upon, the way may
be open for recovery of the excess
ehher by suit or otherwise" said the
Mayor