Seward daily gateway., 1925-10-05
ORDER SIGNED IN LIGHT CASE BY
 JUDGE RITCHIE
CASE WILL BE APPEALED re CIRCUIT COURT BY DEFEN-
 DANT LIGHT COMPANY
New Rate Now In Effect
Juducment Gives Consumers Refund from September 2, 1e24-Rate
 Now125, 10 and 8 Gents

The case of the town of Seward vs. the Seward Light & Power Company, s. M. Graf, manager, came to an end Saturday evening when Judge E. E.. Ritchie, following hearing for the purpose of allowing additional testi- mony to be entered on the records, signed the judgment in favor of the Town of Seward.
 The case has excited unusual inter- est in Alaska for the reason that 1t IS the first to be tried under the new Act of the Territorial legislature, giv- ing municipalities the power to set the rates charged for public service rendered by companies which use their streets and alleys for their poles and wires. The Juneau case was brot under different statute of two years previous.
 Judge Ritchie refused to allow the witness fees of the experts employed by the Town, and as the case involved many different angles felt that each side should pay it's own costs, except ing court costs allowed the City.
 Judge Ritchie is writing an opinion in the case and it is stated that Mir. Graf was found to have an excessive valuation on his property, that his up keep and overhead was excessive, and that a plant half the size of the pres ent one would generate sufficient cleo tricity for the city. The Judge during the trial permitted both sides to intro duce any facts which the parties thot might throw any light on the case.
 MT. Dimond took exceptions to ad- verse decrees and asked time to get the record in shape for Bill of Ex- captions, which was given.
 On July F, 1924, s. M. Graf brot a suit to enjoin the City of Seward from enforcing rates of 12.5, 10 and cents per kilowatt established by the City Council after a public hearing; Mr. Graf contending the city was too small to be placed upon meter basis, and that the rates were too low to permit him to make depreciation on the plant and a reasonable return on the value of the property.
 On August 20 Judge Ritchie granted temporary injunction enjoining the officials of the city from enforcing the meter rates established by the Coun- cil, but did permit Mr. Graf to charge a 15-cent flat rate.
 Several arguments were had at Val dez and Cordova relative to the vari- ous legal questions raised by the pleadings, and on October 4, at Cordo- va, Judge Ritchie ordered Mr. Graf to supply current to the street lights of the Town, not measured by meter
 May 25, 26, 27, 2S and 29, 1925, the Court commenced to take testimony adjourned so as to hold court at An chorage and came back to Seward on June 15, on that date and until June "A, testimony was submitted, when at 2 o'clock in the afternoon of June "A Judge Ritchie announced his decision in favor of the Town upon all points and against Graf. However, as the consumption of juice during the sum mer months had not been tested out under the meter system, the injunc- tion was continued until Sept. 30, 1925, although MT. Graf was given permis- sion to put in record the evidence of intervening months.
 On Sept. 30, at Valdez, Judge Ritchie continued the case to Seward for fuurther hearing on October 3. At Seward, on October 3, additional tes- timony was submitted and the case finally closed; at 5:35 D. m the Court signed it's judgment in favor of the