Show un SUIT ON POW POWER COr CONTRACT l IS STARTED IA ID IN HI C U 1 Interest in Controversy on Power of Utility Board Shown by Num Number er i in Att Attendance Attendance At At- t at Hearing WIDESPREAD interest in the theW W vy power rate controversy was attested by the number of state officials and representatives representatives' of several of the tile largest enter- enter prices in Utah who were present Ini in inthe inthe i the supreme court today at the openIng opening open- open Ing of the hearing on the writ rit of prohibition pro pro- n filed by two cement companies compa compa- i riles flies to to- to prohibit the public utilities I commission from taking jurisdiction over the rates s set t forth in contracts entered Into between these companies and nd the Utah Power and Light comI company com corn I pany I I SHIELDS REPRESENTS BOARD II The plaintiffs in the the case are the Union Portland Cement company and andI I the Ogden Portland Cement company each represented by H H. H H. Henderson i Wade M M. J Johnson and C R R. Hollingsworth Hollings- Hollings w worth rth The def defendant nd nt In the case is the public utilities commission represented rep rep- i resented by Dan B B. Shields attorney general and Herbert Van Dam Jr assistant attorney general OTHER FIRMS ENTER CASE Upon app application c before the court to tod today today to- to d day y permission n was granted John F F. MacLane 1 of the Utah Power and Light company H. H G G. Lucas of the Utah Copper Copper Copper Cop Cop- per company and W W. W V. V. V Ray representing representing representing several mining aiming companies to tofile tofile tofile file briefs in the case Mr Van Dam opened the argument with the statement that the state was chiefly interested in the the thease case ase not from front froma fronta a standpoint of ot the Utah Power and Light company's applIcation n to the public utilities commission to increase its rates agreed to in the special contracts contracts con con- tracts but from the interest of the public public public pub pub- lic a at t large CONTRACTORS LARGE LARGE CONSUMERS It was brought out that practically 78 per cent of the tho electrical al energy produced by the power company Is consumed consumed consumed con con- under the special contracts This leaves only 22 per cent of the energy to be distributed according to rates under the Jurisdiction of the utilities If the court upholds the plaintiffs plaintiff's side of the case Under section of the compiled laws of Utah it was claimed that the commission Is charged ed with the duty to investigate contracts such as the ones from which this case arises arise And It was further claimed that this is the procedure from which the cement companies com corn seek to prohibit the commission commis commis- sion CONTRACTS LONG STANDING STAf The contracts entered into between the cement companies and the power company were drawn in 1912 and in 1914 The contracts are said to ao be for a period of ten years yeats Mr Van Dam stated slated that th the commission com corn commission mission had the right to consider ap application application ap- ap from either of or the parties of the contract for r relief from the rates designated In In the contracts or upon upon its own accord it can can investigate the contracts The argument ent was presented to to the theco co court rt t that at It had no more legal right on page paSe 8 8 SUIT ON CONTRACT Continued from page 1 1 1 to o arrest arrest the action of ot the the state legislature legislature legis- legis lature If It It were dealing with a a. lar ar case than it has to arrest the action of the utilities commission which was claimed to be an arm of oC the he legislature The court expressed a desire to hear from Mr MacLane following the completion completion completion com com- of ot Mr r. r Van Dams Dam's arguments which occupied practically tho the entire morning session HEARING POSTPONED Hearing Bearing b before fore the utilities commIssion commission com corn mission of ot the application of the Utah Power ower and Light company to increase Its ts power rates was postponed today in n order that the commissioners might attend the present hearing in the I supreme court |