Show UTILITIES TRY 1 TO BAR P. P UC u. u C. C I RATES SLASH Federal Court Takes Under Advisement Power and Phone Pleas CONFISCATION CONFISCATION IS CLAIMED Perman Permanent nt Restraint Asked by Companies A three judge federal court Thursday Thursday Thurs Thurs- day took under advisement action of the he Telluride Power company seeking seek seek- ing ng to set aside a Utah public utilities commission order reducing Its rates 10 per cent in southern Utah W. W Q Van Cott local attorney representing representing representing rep rep- resenting the company argued the order order if enforced will be confiscation tion ion and said Eaid the company in 1932 earned per cent on an investment invest invest- ment meat of ot Ho He denied a utilities commission contention the company is a pioneer in n the territory and should take chances on its earnings citing the concern has operated In the affected area since 1907 1007 Denies Confiscation tion John D. D Rice deputy attorney general general gen gen- eral representing the commission argued ar are gued that because stockholders and would not get returns would not mean confiscation He said the order was an emergency one and that doubtless the thc commission would give the company the right to increase rates after the depression is over The company's action seeks permanently perma perma- to restrain the commission from rom enforcing the order Robert E. E Lewis presiding judge of the tenth circuit court of appeals which sat here Monday Tuesday and Wednesday Judge Sam G G. Bratton of the circuit court and Judge Tillman Tillman Till Till- man D D. Johnson of the federal district dis triet court heard the arguments Phone Company Protests After Alter the case casc had been taken under under un un- un der advisement hearing on a similar action against the utilities commission commission commission commis commis- sion by the Mountain States Telephone Telephone Tele Tele- phone and Telegraph company be be- gan an The telephone company suit seeks permanently to restrain the commission commis sion from enforcing an order reducing reducing reducing ing telephone rates at Logan to a parity with those at Provo on grounds the order is Milton E. E Smith general counse counsel for the company presented the firms firm's arguments State Senator Herbert B B. Maw who figured in the case before the utilities commission received permission to be heard in court on behalf of the city of Logan The visiting judges are expected to leave Friday at completion of the I telephone case arguments |