Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-10-08
Corrects Report of Letter
On Gas Rate Question
p - Raitor 81 me STAR:

Your news columns recently oon-
tanned certain erroneous StetementS
respecting Q letter addressed BY me
under date Of September ~, 1880. 70
the Public Utilities Commission, IN ref
erence to the then "so-called new rates
letter from the secretary Of the Public
Utilities Commission says lunder date
Of October /, 1880, that I asked the
commission 70 postpone indefinitely the
approval of the s0-called new rates Tor
Gas. My letter to the commission read
thus: 81 request respectfully that you
postpone indefinitely the date when the
so-ealIed new rates for gas shall be eff
fective," A. q request for such post
ponement could not be made until the
rates had been approved and the etiee-
time to be considered ut the FIRST reg
ular meeting Of the commission after
approving action had been taken and
the date for enforcement had been an
neunoed. It was fair request that
should have been met and considered
and q decision rendered thereon.
I informed the commission that the
fundamental basis of rates for gas con-
sumption e. laid down years ago and
especially reiterated by Congress in
1916 Is that the Washington Gas Light
furnished . private consumer in the
District Of Columbia 4 rate in excess Of
the price fixed for 1000 cubic feet Of
gas 80 consumed.
Having 30 decreed, and having said
no more" I continued, at seems to me
that you are particularly bound by that
fundamental principle, and may not
order that q private consumer shall pay
more than the price fixed per 1000
cubic feet, whether he uses that 1000
cubic feet In one month, two months, or
more, and that the gas company Is
prohibited from charging or collecting
more"
Further, I informed the Public Util-
titles Commission that the above action
Of Congress was taken after the public
utilities law vas enacted, Is Q guide for
their course Of procedure, and, in eff
feet, prohibits the fixing or charging Of
q rate in excess by means Of q so-called
minimum charge" which the public
utilities law does not authorize the COM
mission TO create. make or enforce.
The commission also was informed
that an application for reduction in
dollars and cents Is improper and
should not have been considered. 1t be-
rates that are reasonable, Just, non
IL
and that the application of the gas
company, on its face, was not reasons
able, not Just, but highly discriminatory.
Further 1t was stated to the commits
sion: THE highest court of the land
repeatedly has held that when q system
as whole Is adequately compensated by
a rate Of return, 1t Is not necessary that
all parts Of the system shall be profit
able. ! understand that IT was known
to you, or made clear, that the gas
company rate Of return has been 10
per cent or more, and there seems to be
no reason or justification, on applica-
ton for reduction, To permit Of excess
charges upon the small consumer or the
fixing Of an arbitrary charge bound to
be propoFttonately In excess Of the rate
per 1000 cubic feet simply because
every month he did not consume as
much - 1000 cubic feet Of gas"
The commission was requested TO take
all these factors into consideration 30
far as applicable In celebrating upon
the request for postponement Of the eff
fective date when new gas rates would
be in force.
It was added: Having indicated in
1916 that Congress has reserved DOW
ers In dealing with public utilities, the
present condition of the affairs Of the
gas company Is such that congressional
scrutiny Is probable and action thereon
likely. It would seem properly consid-
crate, therefore, to hold In abeyance
any action on rates or rate schedules
until Congress shall have opportunity
to consider the situation and map out
such course Of action as might AFFECT
your deliberations thereafter"
The commission further was informed
that such bodies were created to prevent
Inroads upon public rights. and especial
most the effect Of injustice and Is un-
able to protect his rights or to get from
under that form Of duress to which the
United States Supreme Court at times
seems to think he Is subjected when he
u compelled to submit rather than en-
gage in an action to protect his rights
that he cannot afford to take"
In closing, told the commission that
! could not leave my work to attend the
public hearing and could not leave It
now, and asked the commission to re-
open the matter Monday morning, Sep
TENDER 20, 1880, for consideration Of
said request TO postpone, and respect-
fully requested favorable action thereon
for all the reasons stated In my letter.
MY letter appears TO have been mis-
read; 1t was neglected, and the time was
allowed to pass without giving it the
consideration to which 1t was entitled.
For such apparent neglect Of public
duty-for the request was fair and rea-
sonable and required no personal ap-
pearence Of the petitioner-the Public
Utilities Commission has created its own
responsibility and must be held account
able for the delay.
I thank you. for this chance 10 state
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