Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1922-05-15

, the HSuTe at Sl.1U
b. the order OF the court the 80 cents
representing the difference In the old and
new rate will lie "impounded" by the
company on order of the court, pending
dnal settlement OF the case. Receipts is
sued to consumers will bear stamped
notice that the excess is being held,
pending final settlement Of the ase. II
on final hearing a rate lower than 81 20
Is dxed by the court, the difference VIII
be refunded to tie customers
Referring to the order Of May, 1921, OF
the commission establishing the s0-cent
gas rate, Judge Baker said that the COM
mission '.at that Stime apparently took
half a bite of charity, instead OF digest
Ing the whole. So we authorize the COM
pany to collect the other half
NINETY CENTS
NOT ENOUGH.
1.-The order Is not intended to inter
fere with the current work and authori-
ty Of the commission" Judge Baker
said, turning to counsel for the commits
sion. This order means nothing e1-
cept that 90 cents does not now pay the
cost OF distribution and production In
addition to a fair return on the value OF
the property.
"The power rests continuously with
L
fairs Of the company. 1t may look into
the company's books and accounts and
inquire from day to day to determine the
cost of production and distribution and
what constitutes a fair return on the
value Of the property. or In other words
what will be fair rental to the public
for the service OF the company.
MAY GET
MONEY BACK
Every consumer will hold his receipt
as evidence that he Is entitled to the 80
cents or any part not awarded the com
pany on final hearing Of the case"
Judge Baker did most Of the talking
for the court. Judge Alschuier occasion
ally broke In with question, while judge
Anderson said almost nothing during the
two hours the hearing lasted.
1t was apparent from the start tnat
representatives of the commission were
making little headway. Judge Baker In
tcrrupted A. b. Cronk, assistant chief ac-
countant OF the commission frequently
during his presentation Of the commits
sion's case, and argued with him con-
tinuously. Later Edward NJ. White, as
ssstant attorney general Of Indiana, un-
dertook to present certain features OF
the case, but he had no better success.
COURT ASKS
PERTINENT QUESTIONS.
When Mr.. Cronk stated the unaccounted
for gas In March 1922 amounted to 15.3
per cent as against an average Of only
II per cent for two years. Judge Baker
Immediately wanted to know IL the CON-
mission had any evidence to offer show
ing the company was wasting Its produce,
had leaky retainers or was permitting
the theft OF gas.
\ You are setting up figures that
charge the company with encouraging
the stealing Of gas" Judge Baker said,
Certainly the company, like merchant
or business man, would take every pre-
caution to safeguard Its property and
prevent losses"
Cronk answered there seemed to be
an unexplained loss Of gas somewhere.
JUDGE BAKER
ON COMMISSIONS.
Utilities can only be maintained he
said. IF they pay reasonable return
on the Investment. Commissions should
look upon them as guardians II commits
sioners are to serve their purpose. The
public through its commissions, has the
right to hold the earnings OF utilities
down to a bank rate of earning. lower
than the rate earned by merchants in
private business, but 1t has not the right
to have the capital Of the company eaten
up in selling gas at less than the cost
Of production.
LARORING FOLK
PAY THE BILLS.
millions Of dollars in these utilities
come from Iaboring people, women, chill
dren and orphans, and the companies
should be dealt with by the commission
In the light of a guardianship.
your attitude is to resolve every doubt
against the company, to experiment at Its
expense. 1t Is like cutting of a dogs
tail one inch at time and thinking that
perhaps it won't hurt. We are not ex-
pected to pay large profits to street car
companies. gas companies and other utili
ties, but only reasonable rental for
their use, and people instead Of COM
planning should be glad to know they are
getting this service at a reasonable rate.
You should put rates up or down by
conditions as they exist not on specula
tions as to what those conditions may be
at some time in the future"
ATTY. HORNBROOK
READS AFFIDAVIT
The case Of the company was presented
by III. II. H0rnbrook, who read an affi
davit sworn to by J. Dorsey Forrest, Sec
retary and manager Of the Citizens Gas
Company. The affidavit was similar in
its averments to the petition for iniunc-
ton, stating that the present rate is SO
low as to be conaseatory. It defended
the action of the company In expend-
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