Evening star., 1943-03-07

when White House spokesman was
informally quoted in the press as
saying that the President was OPP
posed to filling the position because
Of an experience Of his as Governor
Of New York"
President Named Roberts.
Despite this reported objection to
filling the post, Mr.. Wender pointed
out, the President did name Mr..
Roberts peoples counsel in 1894 and
that mo statement" was ever issued
denying "the value or effectiveness
Of Mr.. Roberts and his predecessors
services for 10 years."
"It is unbelievable, Mr.. Wender
wrote, that the Chief Executive will
longer continue to make the mistake
Of failing to discharge his own duty
under an act Of Congress" by declin-
ing to I'LL the Office. can active
peoples counsel, dedicated. to the
principle that his clients remain at
all times solely the politically power
less residents Of this community, is
q valuable force vitally needed to
guard the rights and protect the
property Of those whose side it Is his
bounden duty to uphold
A digest OF the brief follows:
Duties Of Counsel.
Congress provided in 1925 for a
peoples counsel, to be appointed by
the President, with the following
duties: % To represent and appear
for the public at hearings Of the
Public Utilities Commission and in
judicial proceedings Involving the
users of the products or services
furnished by public utilities; CD
represent and appear for petitioners
appearing before the commission in
matters of rates and services, and
60 investigate the service given by,
the rates charged by, and the valu-
alton of properties of, public utilities
under the jurisdiction of the PUG.
In January, 1896, the Federation
unanimously approved a report OF
its Committee on Public Utilities
urging additional funds for the
operation of the Office, including
funds for a secretary, an attorney
investigator and office supplies. No
provision was made in the 1887
budget for these items, however.
After Mr.. Roberts resignation,
which became effective November /,
1896, the balance OF the appropria-
ton available for his office lapsed.
The PUG. included funds for the
position in its 1888 budget and re-
ceived the approval of the Commis-
sioners and Bureau of the Budget.
In February, 1887, Richmond B.
Keech, now corporation counsel,
who once served as peoples coun-
sci, told a House Subcommittee on
Appropriations that the functions
of the counsel and corporation
counsel were overlapping.
Overlapping Functions.
II held that Office for four years,
from 1890 to 1884, before I went on
the commission (PUC)," he said.
THE functions are necessarily in a
measure overlapping. Under the
statute the peoples counsel has the
right to conduct Investigations of
utilities on his own volition or on
complaints received. Now, if you
have a commission which has for it's
purpose what I believe any public
utilities commission is created for,
namely, the protection of the pub
lie, and you have an adequate per-
sonnel for the commission, be-
lieve there is overlapping.
The 1910 appropriation bill was
the first which failed to include
provisions for the counsel, and this
and subsequent budgets have ig-
nored the post.
The corporation counsel, however,
is assigned to serve as the commits
sion's legal bodyguard in protecting
it from any attack upon its order or
decisions. The peoples counsel, on
the other hand, may frequently be
called upon, in the interest of the
citizens, petitioners and respond
ents, to question decisions of the
commission itself or to demand
their review in court.
One OF the most significant fea-
lures in this situation is one in
volving the compensation of coun-
sci employed by the various utilities.
In one case recently considered by
the commission more than $4,000
OF legal fees was allowed for attor-
neys representing the Washington
Gas Light Co. The ONCE of Price
Administration and several associa-
tions appeared in the case, but it is
unfortunate that the public must
depend upon happenstance that VOL
unteer representation will make its
appearance against the legal talent
Of the utilities.