The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1923-10-30
AUTHORITY
HELD IN
DOUBT
Utilities Commission May
Question Own Power to
Act in Matter.

Doubt that the Public Utilities
Commission is vested with the
power to consider or, consent to
O compromise of the Potomac
Electric Power Company valua-
ton case was voiced today by
Conrad FL. Syme, former corpora
ton counsel for the District, and
special counsel to the Public Util-
tiles Commission in the interest
Of the Washington public through
subscriptions raised under the
leadership of The Washington
Times and The Washington
Herald.
May Question Own Power.
sThe Public Utilities Commits
sion" Syme said today, was en-
gagged in the performance Of
public duty and the matter was
now in the hands Of the court"
He said the commission might
question it's own power to consider
or, consent to a compromise, In
view Of the fact that under Chief
Justice McCoy's decision it had
now become the duty Of the court
TO consider the entire record and
correct any error which the court
Of Appeals felt the commission had
made in its original finding Of val
uation.
Syme said today that he is highly
eIated over the new status Of the
valuation case and that he is pre-
pairing to wage a vigorous fight to
bring back to the Washington pub
lie a sizeable portion Of the $4,000
900 impounded fund.
1.-The situation of the Potomac
Electric Power Company case" he
said, $50 far as the interest Of the
consumers of electric energy is
concerned could not be better than
It has been made by Chief Justice
McCoy's decision.
Commission Sustained.
1.-THE Chief Justice sustained the
contention Of the Public Utilities
Commission that under the decision
Of the Supreme Court Of the United
States il has become the duty
Of the Supreme Court of the Dis
trict of Columbia to consider the
entire record made before the Pub
lie Utilities Commission, and, in
accordance with the opinion of the
Court of Appeals, to add some
thing to the factor known as
reproduction cost on account of
a - IL
material between July 1, 1914, and
of January 1, 1917, when the valu-
alton was made, and when this
- done only that weight be given
20 the reproduction cost to which
the Court thinks it is entitled; and
Il does not necessarily follow that
the fair value Of the property
would be increased for rate making
purposes by any amount added to
the reproduction cost.
"It must not be forgotten that
the commission had the right to de-
crease the rates of the Potomac
Electric Power Company, as 1t did
even before any valuation Whatso-
ever had been made, and the law
itself makes the decrease rates
prima facie just and reasonable
1t was then up to the power COM
pany to show that they were either
unjust or unreasonable.
Rates May Stand.
THE valuation made by the conf
mission showed that the decreased
rates would have been reasonable
and non-confiscatory even though q
much higher value had been given
to- the property Of the company as
q base for rate making"
Syme said that he has been In
nted to meet the Commission on
Thursday afternoon at 2 o'clock,
TO discuss with them the effect of
Judge McCoy's decision, but that,
OF course, he did not know whether
the question Of compromise would
be considered at this time.