The Valuation of Public Service Corporation Property: Transactions of the American Society of Civil Engineers,; vol. LXXII, June, 1911, ASCE 1190 — John Shaqi
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
In the case of Los Angeles Water Company _vs._ City of Los Angeles (103
U. S., 711), the United States Courts held that at the expiration of a
30-year franchise, which provided that the city was to pay for the value
of all improvements, when the city failed to agree upon, tender, or pay
such value, so long as the company complied with the terms of the
contract, and until the city terminated it by making or tendering
payment, the passage of an ordinance by the city fixing rates was void.
In the case of Weatherly _vs._ Capital City Water Company (Ala. 22 So.,
140), the Alabama Courts held that the acceptance of a franchise
involved a grave responsibility, and that the company could not stop
furnishing water and fire protection, even if the work was done at a
loss.
In the case of Myer _vs._ Brown (65 Cal., 589), the Court said:
"It is well occasionally to recall the fact that there is no more reason
to permit a municipal government to repudiate its obligations entered
into for value, than to permit an individual to do so. Good faith and
fair dealing should be exacted of one equally with the other."
Judge Brewer, in the Kansas City Water-Works case (62 Fed. Rep., 853),
said:
"All contracts involving property rights and obligations, between
municipalities and individuals, must be presumed to be based upon and to
recognize the ordinary laws of business transactions."
In 1903 the Maine Supreme Court issued a set of instructions to
appraisers appointed to fix values of certain properties. The Court set
forth its views as follows:
"Summarized, these elemental principles are, the right of the company to
derive a fair income based upon the fair value of the property at the
time it is being used for the public, taking into account the cost of
maintenance and depreciation and the current operating expenses, and the
right of the public to demand that the rates shall be no higher than the
services are worth to them, not in the aggregate, but as individuals."
The Supreme Court of the United States has again and again given its
views, which may be summarized as follows:
"It cannot be said that a corporation is entitled, as of right, without
reference to the interests of the public, to realize a given per cent.
upon its capital stock. When a question arises whether the legislature
has exceeded its constitutional powers in prescribing rates to be
charged by a corporation controlling a public highway, stockholders are
not the only persons whose rights and interests are to be considered.
The rights of the public are not to be ignored.
* * * * *
Public-domain text, read in full here on John Shaqi.
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