The Valuation of Public Service Corporation Property: Transactions of the American Society of Civil Engineers,; vol. LXXII, June, 1911, ASCE 1190Riggs, Henry Earle
General
The Valuation of Public Service Corporation Property: Transactions of the American Society of Civil Engineers,; vol. LXXII, June, 1911, ASCE 1190
It is not material whether the grant be a franchise permitting a
water-works company to use the streets and alleys of a city for its
mains, and the service be the pumping of water for domestic service and
fire protection, or whether the grant be the statutory rights of
corporate existence and eminent domain, and the service rendered be the
transportation of freight and passengers; the general principle is the
same; the company has secured from the people certain rights which
enable it to do business, and the people are directly benefited by the
services rendered by the company. The increased comfort of living makes
for the growth of the city; the increased transportation facilities
build and develop the country traversed by the railroad; and this growth
and development, not only operate to the advantage of the people, but
also to that of the company in the way of increased business and
increased revenues.
The capital required to build and develop these properties was furnished
in the hope of, and with the expectation of, a proper financial reward.
It has frequently happened that such properties have been built years in
advance of sufficient development to support the enterprise, built, in
fact, without expectation of immediate returns, and long periods of time
have often elapsed before any profit has been secured.
It has also frequently happened that corporations have been aided to a
very large extent by public funds, by the voting of aid bonds, by the
donation of large tracts of land, by payment for certain service at such
rates as would largely relieve the company from loss in operation, by
the remission of taxes, or by the direct donation of funds.
The company is clearly entitled to earn a reasonable profit on the
actual capital invested, in addition to the legitimate cost of
operation, payment of taxes, and sinking funds to cover depreciation and
obsolescence.
The public is clearly entitled to good service at the lowest rates that
will permit the company to earn its reasonable profit and expenses.
Increases in tonnage, population, and consequent net earnings of the
corporation should entitle the public to a benefit in reduced charges
for service, when the increased earning is of a permanent character.
The general tendency of the Courts has been to treat a franchise as a
contract, and to be governed closely by the language and evident intent
of the makers, but to safeguard the rights of the public to the fullest
extent consistent with justice.
A franchise requires specific performance of specific acts. Nothing will
be assumed or implied. The Courts recognize that the investors are
entitled to reasonable returns, and that the public is entitled to fair
rates.
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