The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1932-12-12
WATER RIGHTS
STIR CLASH AT
RATE HEARING
Utility Attorney CoIIideS
With CuthbertSon on
Valuations.
SPAR WITHOUT RESULT
Values Set in Appraisal
Still Contention Center
Before Commissions.
BY JAMES DoSs

|"s VIC uSDpli, WdIcI IlBnLS, re-
turned today to haunt the hearing
by the public service commission
to determine permanent rates to be
charged by the Indianapolis Water
Company.
Personalities were tossed back
and forth to enliven today's session.
which opened the second week of
the hearing, when Harry K. Cuth-
bertson, attorney representing a
large apartment operating firm,
cross-examined Malcolm PRIME
New York engineer appearing for
the utility.
Cuthoertson accused the witness
Of having his answers framed"
when PRIME insisted on celebrating
his testimony on appraisal of the
Eompanys water rights.
Snaps Back at CuthbertsOn
Pirnie countered with the intima-
ton that Cuthbertson couldn't
understand the replies unless they
were elaborated upon and when the
hearing was recessed shortly before
noon, Cuthbertson hadn't yet
succeeded in getting the witness to
answer to his entire satisfaction.
PRIME, recalled to New York early
In the hearing because of the
critical illness of his wife, was
placed on the stand first to testify
to the methods he used in arriving
at a 100000 figure for preliminary
and development expense if it were
necessary to reproduce the COM
pany property.
This 100000 is one of the eleven
Items making up the more than
$28,0O0,000 valuation on which the
utility bases its appeal for higher
rate than the $108 minimum or
dered several months ago by the
public service commission in an
emergency decree.
Then the Fireworks
Cuthbertson and PRIME got
through this inquisition amicably
enough, but when the former asked
just what physical properties fig
uratively were repurchaSed by Pr
ME in arriving at $l,000,000 water
rights valuation, the fireworks
started
Cuthbertson insisted the witness
confine himself strictly to answer
ing the question. Pirnie, although
he did not say so, intimated by a
somewhat bored attitude that Cuth-
bertson was putting the questions
intsuch form that simple answer
was impossible.
May 1 suggest that while Mr.
Cuthbertson, of course, has a right
TO frame his questions as he pleaseS,
the witness ought to be allowed to
frame his anSwers?" said W. E. Ran
som, CHER counsel for the utility.
How Cost Was Computed
you've had your answers framed
and when an unexpected question
comes along, it upsets you," retorted
Cuthbertson. Il submit to the court
that the witness either knows or
doesn't know the answers. If he
does, he ought to answer Them"
PRIME testified that in computing
cost of reacquisition of the water
rights, he took into consideration
the right to divert White river at
Broad Ripple; right to insure non
interference with flow in dry wealth
err at Noblesville; right to insure
regulation of flow near NobleSville;
regulation of flow through Oaklan-
don, and take-in of water from Fall
creek for the pumping station.
PRIME testified to other consid-
erations affecting reproduction of
water rights. CuthbertSon inter
rupted again to say that he had
listened to the witness for fifteen
minutes without getting the reply
for which he asked.
Reprimanded by Ellis
PRIME again intimated that
Cuthbertson wouldn't understand
without elaboration and Howell
Ellis, presiding commissioner, took
a hand by reprimanding the engi-
neer.
1T doesn't make any difference,
Mr. PRIME. what you think Mr..
CuthbertSon can or can't under
stand" said Ellis. Answer if you
can and if you can't answer as he
wants you to, say you can't"
PRIME insisted that the purchase
of each individual right must be re-
garded in relation to agglomeration
of rights"
In reply to question by Cuthbert-
son as to just what physical property
it would be necessary for the water
company to acquire, other than that
now owned, to enjoy the benefits it
now enjoys, PRIME said there was
none.
The 100000 figure for preliminary
development listed in the itemized
appraisal he prepared for the COM
pany was explained as that money
spent before incorporation of the
company.
This cost would include expense
of making surveys and obtaining
options on water rights, so that or
ganizers of the company would be
able to interest capital in the prof.
ect, PRIME said.
G. o. p. Chiefs to Meet
The Republican state committee
will be called into session Dec. 20,