The Washington times., 1923-04-10

Special Counsel and Commits
sion Attorney Confer Today
on Course Of Action.

Added impetus to the campaign
of the Washington Times and The
Washington Herald to raise 81, 900
to retain special counsel for the
Public Utilities Commission was
given yesterday when the Supreme
Court dismissed the appeal of the
commission in the Potomac Elec-
trio Power Company valuation
case.
Legal Talent Needed.
The action of the higher court
throws the case back to the Court
of Appeals, thus marking the be-
ginning probably of a long legal
battle in which the aid Of exper-
fenced legal talent will be invaluable
to the commission.
/. Conrad II. Syme, special counsel
for the commission, today will con-
Ter with Frank H. Stephens, gen.
eral counsel of the commission.
They will at this conference decide
on a course Of action.
Had the Supreme Court accepted
jurisdiction in the case, It probably
would have rendered a decision
within a few months. This would
have made additional legal talent
unnecessary. However, the pro-
longing Of the electric light battle
emphasizes the continued need OF Mr..
Syme's services.
Union Helps Cause.
A contribution of $25 received to-
day from the Paper Hangers Local
Union No. 420, considerably boosted
the fund. Two other contributions
! were also received, 81 from Ross B.
Mitchell and 81 from John M. Sed-
wick. Last night EIectrotypers'
Union No. II contributed $50 and
the Kenilworth Citizens Associa-
ton SO.
The total collected in the cam
paign is now $2,0SO.55 with only
&92045 yet to be obtained.
/ The decision yesterday was a par
tial victory for the electric company.
1t does not, however, dispose of the
case entirely. 1t merely throws 1t
back into lower courts and precipi-
tates another legal battle. The
stakes in this battle are just as
high with $3,SO0,0O0 of an impound-
ed fund involved.
The status of the electric case il
as follows:
The Supreme Court has denied
Jurisdiction Therefore, the case re.
verts to the Court of Appeals. This
court. by a previous decision, re-
versed a decision of the District
Supreme Court in which the Com.
missions valuation was upheld.
The action of the higher court
means that the Appeals Court deci-
sion must stand.
What will happen now is that the
Appeals Court will direct the Dis
trict Supreme Court to revalue the
property. The higher court will
tell the lower tribunal wherein the
Public Utilities Commission ererd in
making the first valuation and d.
rect this court to see that these
errors are rectified.
Delay of One Year.
There will be a revaluation of the
property of the electric company.
This work of valuation will prob
ably take about one year.
The electric company will prob
ably not win it's claim of $22,'
000. 900 valuation, double the com
Missions valuation. 1t will, how.
ever, get an increased NdludLIOII anu
will probably share in the $780,
900 fund.
Just how much the company
shares in this fund depends entirely
on the legal battle. For this rca-
son. it is most necessary that the
commission be ably represented at
the reValuation. This emphasizes
the need of the services Of Mr..
| Syme.
Mr.. Syme will continue in the
case until July /. On this date
he will drop out unless the $4,000
is raised to continue him at his
| work for another years?
The Supreme Court decision, an
nounced by Chief Justice Taft yes
| terday afternoon. was unanimous
| The court held that the paragraph
in the Public Utilities law authoriz
ing appeal to the Supreme Court
was an attempt to confer "legis
/ lative and administrative jurisdic'
tion" upon that court, and this