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eBook details

• Title: State v. Public Service Comm.
• Author : Supreme Court of Montana
• Release Date : January 16, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

TELECOMMUNICATIONS ? OFFICERS ? STATUTES ? COURTS ? APPEAL AND ERROR. 1. Telecommunications ? Intrastate rates may be fixed by commission. The Public Service Commission has delegated authority to fix intrastate rates charged by a telephone and telegraph company for services rendered. 2. Public Service Commissions ? Commission not bound by any particular method in fixing value. Statute providing that the Public Service Commission shall determine "value" of property of public utility actually used and useful for the convenience of the public means that the Commission shall determine the present fair value of utilitys property, and neither the Commission nor the utility is limited to nor bound by any particular method in arriving at the solution of question of value. 3. Public Service Commissions ? Commission may exercise discretion. Public Service Commissions are authorized to exercise their discretion in establishing a proper rate base for public utilities, and so long as there is evidence to support the rate base finding, courts will not interfere. 4. Telecommunications ? Method of valuation proper and allocation would not be set aside. Where a telephone companys operation was both interstate and intrastate, and the uniform separations method prescribed by joint action of the National Association of Railroad and Utilities Commissioners and the Federal Communications Commission was used as a method of separating the property, revenues and expenses between the systems, and Montana Public Service Commission was a member of the national association and participated in the preparation of the system, such allocation would not be set aside on any theory that it was unfair and discriminated against the intrastate consumer, in absence of some showing by State as to the inadequacy of the system used, or of an offer of some evidence supporting an alternative method. 5. Telecommunications ? Evidence supported right to rate increase. Evidence supported order entered by the Public Service Commission granting company a part of rate increase applied for. 6. Public Service Commissions ? Review of Commissions decision by Supreme Court. The Supreme Court must and does rely largely on a first reviewing courts decision, and if the Supreme Court, after review, finds the Commissions order and the findings therein are supported by evidence and credible proof, the court must approve the action of the trial court in affirming the order. - Page 273 7. Public Service Commissions ? Statute does not compel Commission to make investigation. Statute authorizing Public Service Commission in its discretion, at any time, and of its own initiative to make a revaluation of the property of any public utility does not require the Commission to make an investigation of its own before authorizing an increase in rates to a public utility, and the Commission need not make such investigation if satisfied that such an increase is necessary with the proof submitted to it in support of an application. 8. Appeal and Error ? Function of judiciary. Where the Public Service Commission has made its own investigation and exercised its own discretion in arriving at a rate base to be used by a public utility, and the rates to be charged, under its delegated authority, function of the judiciary is to give effect to the legal acts of the other two departments of the government, and not to supervise them.

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