-_ L,s »4*y _ 'X / %y s REPORT TO THE MAYOR AND CITY COUNCIL ON WATER RATES FOR THE PLANT BELONGING TO THE PEORIA WATER WORKS CO. PEORIA, ILL. September 8, 1910 By Benezette Williams C. B. Williams TABLE OF CONTENTS o

05 PAGES Letter of Transmittal.’. 3 Rights and Responsibilities of Public Service Corporations and Munici¬ palities .. . 7 Investment. 9 Method of Finding Investment.. 10 Controlling Principles of Public Utility Values. 10 Court Decisions and Public Utility Values. 13 Valuations for Sale and Rate Making. 17 Effect of the Appleton Case. 22 Limitation of the Investment. 27 Peoria Water Works, Historical, Descriptive and Financial. 29 Investment for the Peoria Water Works. 43 Returns. 43 Needed Improvements. 47 Water Consumption and Meters. 52 Application of Meters to Peoria Water Works. 59 Cost of Installing and Maintaining Meters.. 62 Reasonable Rates. 63 Proposed Changes of Water Rates. 73 Some Controlling Principles in Rate Making. 73 Meter Rate Schedule for Peoria. 79 Proposed Flat or Fixture Rate Provisions. 82 Statistical Table of 39 Municipal Water Works Plants—Appendix I.... 83 Table of Water Consumption, Population and Revenue of Peoria Water Works Plant—Appendix II. 87 Going Value. Diagram and Table of Computations—Appendix III. 91 Map of Peoria Water Works System with Proposed New Supply Main —Appendix IV. 95 Diagram, Showing Water Pumped, Population, Number of Services and Miles of Mains—Appendix V. 97 List of Free Water Takers—Appendix VI.99-102 Statistical Table of Peoria Water Works—Appendix VII. 103 o * <\1 INDEX PAGES Capitalization of Peoria Water Company... 37 Comparision of Peoria Statistics with Municipal Statistics. 65 Contract of Moffett, Hodgkins & Clarke. 38 Cost of Old City Works. 30 Cost of Properties to Both Companies.41-43 Date of Initial Construction by City. 29 Reconstruction and Sale to Company.29-35 and 36 Receivership. 38 Receiver’s Sale. 36 Richwoods Water Co’s. Formation. 36 Description of Old City Works.29-31 Description of Reconstructed Works.32-34 Description of Richwoods Water Co. Property. 36 Decisions, Court Burnswick, Maine Case.16-18 and 23 Cedar Rapids Gas Light Co. Case.17-18 Consolidated Gas Co. Case.17 and 44 Galena, Kansas Case. 16 Gloucester Water Supply Co. Case. 16 Kansas City Case.13-15 and 25 Kennebec Water District Case.15-16 Norwich Gas & Electric Case. 16 Omaha Case. 17 San Diego Land Co. Case. 18 Stanislaus County Case. 18 Urbana Case.44-45 Decisions, Wisconsin R. R. Commission Antigo Water Co. Case.20-21 and 24-45 Appleton Case. 22 Cashton Light & Power Co. Case.19-20 Menominee & Marinette Light & Traction Co. Case. 20 Madison, Wis. Case.45-46 Wisconsin Telephone Co. Case.20 and 26 Improvements Needed Approximate Cost Various Items of.47-52 Location and Character of.47-52 Map of New Supply Mains—Appendix IV. 95 Need of Improvements.47-52 Timliness of. 52 Total Cost of. 50 Investments Conception of. 9-10 Limits of.27-29 Method of Finding. 10 Offsets to.51-52 Peoria Water Works Co. 43 Rate of Returns on. 43-47 Table of Various Municipal Plant—Appendix I. 83 Liabilities of Peoria Water Co.38-39 Liabilities Assumed by Peoria Water Works Co.40-41 Liabilities Assumed by Richwoods Water Co. 40-41 VII. Meters Causes of Imperfect Metering. Comparision of Metered and Unmetered Lake Cities. Cost of Setting, Cleveland, Ohio. Cost of Maintaining, Cleveland, Ohio. Cost of Setting and Maintaining, New York City, Freeman’s Estimate. Cost of Setting and Maintaining Peoria Estimated. General Effect of. Effect of Cleveland, Ohio. Columbus, Ohio.. Des Moines, Iowa. Fall River, Mass. Lowell, Mass. Madison, Wis. Milwaukee, Wis. Minneapolis, Minn. St. Paul, Minn. Peoria, Number of. Policy of Peoria adopting. Operating Expenses, Peoria. Peoria Water Works Statistics—Appendix VII. Population Diagram Showing Growth of—Appendix V. . . .. Present—Appendix II. While Old City Works were in Operation. Public Service Corporations ‘ Discussion of Theory of Valuation of. Rights and Responsibilities of. Rates Classification of Peoria. Discrimination in Peoria. Discussion of Cleveland Meter. Effect on Peoria Revenue of Present Meter. Fixture in 31 Municipal Plants. Fixture in 375 Cities. Meters in Peoria, to Cover Cost of Water. Meter Minimum too Low. New England W. W. Association Report on. Peoria Minimum Meter. Peoria Public Service. Principles of Making. Proposed Basis for Meter. Proposed New Ordinance for Meter. Requisites of Reasonable. Satisfactory Flat. Variety of. Revenue Comparision With Operating Expenses of Total. During Receivership. Old City Works.. Sources to Carry Additional Expenditures. Time to Produce a Remunerative. Various Municipal Plant.—Appendix I. . . Year Ending December 31, 1908. PAGES .70-71 .58-59 .62-63 .62-63 62 63 53-54 55 . 55-56 59 57* . 57*4 58 -* 54 56 56 59 73 63-64 103 ' 97 ' 87 31 25-29 7-8 67 66-67 75-76 70 69 68 72 72 77 70 65 72-75 79-80 80 63 70 77-79 63 40 30-31 50 9 83 64 VIII. Services Diagram of Peoria—Appendix V. List of Free—Appendix VI. Peoria Number of. Per 1,000 Population Number of. Various Municipal Plants—Appendix I. Value Controlling Principles of. Distinction between Cost and. Old City Plant to Peoria Water Co. Original Cost and Deficit Method of Obtaining. Peoria Water Works Co. Jan. 1, 1909. Similarity of Sale and Rate Making. Going Value Definition of. Diagram and Computations of—Appendix III. Limit of. Old City Works. Water Consumption Peoria—Appendix V. Diagram of Present and Past—Appendix II. Present Daily Average and Maximum. Per Capita, Based on Freeman’s Curve, Estimate of Per Capita, When Fully Metered, Estimate of. Percent in Future of Water Metered, Estimate of... Per Capita in Various Cities With Percentage Metered.. Total Metered 1908. Various Municipal Plants—Appendix I. Water Supply- Description of Present. Limits to Present. Protection to. PAGES .... 97 ...99-102 .... 59 .... 59 .... 83 ....10-13 ....10-13 .... 32 .... 19-27 .... 63 ....17-18 .... 11 . . . . 91 .... 12 .... 32 . . . . 97 88 and 53 60 72 71 67 83 33-34 61 35 IX. I I \ Digitized by the Internet Archive in 2018 with funding from University of Illinois Urbana-Champaign Alternates \ V https://archive.org/details/reporttomayorcitOOwill > To the Honorable, The Mayor and City Council, Peoria, Illinois. Gentlemen: The valuation of the property belonging to the Peoria Water Works Company and the Richwoods Water Company, submitted by us under date of March 24, 1910, was intended only as a basis for a new schedule of rates, which we were not asked to enter into at that time. As there stated, other elements, such as operating expenses and an analytical statement of the Company’s revenue should be had before taking up that subject. Since then, Edward A. Pratt & Co. ha-ve made a thorough examination and analysis of the rating cards of the Comnauy, a summary of which they have submitted to vou under date of July 5, 1910. This summary and the original analysis, have been placed in our hands, with the request that we pursue the subject along such lines as will lead to a thorough understanding of the same, and furnish the proper basis for a fair adjustment of the rate schedule. In doing this, more is needed than the technical details which it may be proposed to embody in a rate ordinance. The reasons for the adoption of any proposed scale of rates, the prin¬ ciples which have controlled in its making, and its probable effect upon the revenue of the Company should be clearly set forth. In a conference with the Mayor and committee, that pre¬ ceded the preparation of this report, a number of citizens, repre¬ sentative of the city’s civic life, were present. From certain expressions made at that time, one might infer that they and the people of Peoria questioned the basis upon which the valuation of March 24th was made, being apparently apprehensive that archaic conceptions of the rights and powers of public utility corporations had moulded the conclusions. In such a case as the one in hand, about which half a gen¬ eration of contention has prevailed, with questions still unset¬ tled, some of which are pending in the courts and in the City Council, this questioning attitude is most commendable. The realization that such contentions still exist in the com¬ munity, and that a wise determination involves a full under¬ standing of the legal and technical principles underlying public utility values, renders it desirable and necessary that such prin¬ ciples should be set forth with considerable fullness. 3 These considerations will account for the space given to the decisions of courts and public utility commissions, and their bearing upon the questions' involved in the Peoria case. It has also seemed desirable to give a historical outline of the Peoria water plant, covering the twenty years that the city operated the original plant, as well as the twenty-one years since the original plant passed into the hands of the Peoria Water Company, the antecedent of the present Peoria Water Works Company.' Also, in connection with the plant’s history, it is considered desirable to determine the investment that has been made in the plant, on entirely different lines from those followed in the re¬ port of March 24th. This history is pregnant with lessons which should have a mollifying influence, and greatly accelerate a just settlement be¬ tween the city and the present Company. With a receivership only twelve years behind them, it is not surprising that the officers of the Company should view with apprehension the idea of so radical a change as the substitution of a meter rate basis for raising revenue, for the fixture rate schedule now in force. * It must be granted that a rapid and ill-conceived change of this character would be fraught with grave danger to the Com¬ pany’s solvency. For this reason considerable space has been devoted to the grouping of facts that throw light on the effect of the introduction of meters in other water works plants, and to a consideration of a basis for fixing a meter rate schedule which will reduce this danger to a minimum. The analysis of the rating cards made by the auditor is invaluable in furnishing a basis for a comparison of the possible effect of different rate schedules, and minimizes the risk attend¬ ing such a change as the one proposed. The aggregate indebtedness secured by what are now first mortgages of the Peoria Water Works Company, and the Rich- woods Water Company, is $2,200,000. The needed improvements, including the installations of meters, call for an expenditure of approximately $570,000. With the past history of the plant before them it is doubt¬ ful whether the present Company could advance such a sum. even with the aid which the revenue of the plant can give. With the discredit which attaches to water works securities generally, and particularly in the State of Illinois, it would be impossible for the Company to negotiate a new loan of sufficient amount to take up the old ones, and furnish the necessary addi¬ tional funds to make the proposed improvements without an assured income sufficient to carry it when made. 4 Whether such an assurance is possible can only be deter¬ mined by the City Council and their legal advisers. But if a plan can be worked out, and put into effect, either on the line of some system of profit sharing or otherwise, there is probably no single thing which would advance the material interests of the city to a greater extent. For the best interest of the city and the Company, it cannot be too emphatically impressed upon both, that a water service permanently kept adequate to the city’s needs, cannot be had without a change of attitude of one toward the other. The holding back of information relative to the operation of the plant from the officials and people of the city can but en¬ gender a suspicion that things are not what they seem, and to result in making things seem what they are not. Twenty-one years ago, after twenty years of public service, the water supply of Peoria was, without exaggeration, wholly unfit for domestic use. The city had reached the limit of its power to serve itself in any tolerable and adequate manner. It never made a better bargain than when it unloaded its old plant, on the terms which it did, and thereby secured a substitute, which at that time was rather in advance of the city than be¬ hind it. That it has now fallen back is perhaps to be ascribed more to unavoidable conditions than otherwise. The statement, that if today the city were in the condition, as to water supply, that it was twenty-one years ago, it would be impossible to secure such service as it has had since that time, on equally favorable terms, is no fiction. Nor is it fiction that a service equal to that of the present and recent past, cannot continue without a change of terms and relations between the city and the Company. Misapprehension and suspicion never devised a greater offense against the best interests of the people, than to squander the substance of the city and Company that serves them, in fatuitous litigation, involving no inherent rights, while the amount of money thus worse than wasted, is sorely needed, many times over, to secure adequate service. Far better for the city to use its revenue if necessary, to increase the amount paid for public service, and for the Company to husband its resources for improvements to the plant. There are no avenues for financing water works today on such terms as were eagerly sought after prior to 1893. And the sooner this is accepted as a fact, and cities like Peoria that aspire to good water service developing with their needs, make up their minds to serve themselves intelligently, or to modify the terms upon which they are being served, the sooner they will realize their expectations. 5 Much less is it possible for the Peoria Water Works Com¬ pany to raise new capital for improvements, however, impera¬ tive they may be, so long as the rate schedule of the ordinance under which it works, carries a scale of rates, which if followed in accordance with other perfectly proper provisions of the same ordinance, would inevitably throw it into the hands of a receiver. Respectfully submitted, BENEZETTE WILLIAMS. C. B. WILLIAMS. Chicago, September 8, 1910. 6 RIGHTS AND RESPONSIBILITIES OF PUBLIC SER¬ VICE CORPORATIONS AND MUNICIPALITIES. The broad questions touching the respective rights and re¬ sponsibilities of public service corporations in their relation to the municipalities which they serve are generally well under¬ stood, though many misapprehensions still exist in the public mind which are for the most part a legacy of the past, when a conception of the powers of such corporations prevailed which is fast becoming obsolete. This conception was based upon the theory, which was also put into practice, that a company operating a public utility under a public franchise was its own master and not subject to control as to rates or the kind and manner of service rendered. About fifty years ago courts of Great Britain and a number of the State Supreme Courts in this country, held substantially, in the case of gas companies supplying gas under a public fran¬ chise, that they could choose their customers and make varying rates, as freely as a private manufacturer engaged in a competi¬ tive business, and that they could accept or refuse to render service at their pleasure. The franchises under which such companies operated were considered property, and if the business was profitable it was valuable property. Little distinction was made between what we now know as a public utility and a strictly private industry, and the economic doctrine of laissezfaire was expanded to em¬ brace one as well as the other. The modern conception of a public utility corporation is that its paramount function is to serve the public without dis¬ crimination, and, following the tenor of the highest court de¬ cisions, that it is entitled to sufficient revenue to meet interest, operation, maintenance, depreciation and renewals, and to give a return on the investment represented by a fair valuation of the property employed that will make it an object for private capital to engage in such service. Farther, that the business should be a monopoly, and that a joint responsibility should exist between the public and private agencies that brought it into being, accompanied by governmental regulation of rates, and control as to the character of service rendered. This conception really turns a public service corporation into an arm of government service, temporarily entrusted with the operation of the public utility. Besides establishing the public utility as a monopoly under public control, this doctrine gives it a continuing existence as 7 such, with the power of growth and adaptation to varying con¬ ditions as they may arise, subject to a change of ownership from private to public agencies and the reverse. This distinction between the old and the new is not always clearly drawn, though the state of New York in part, and the State of Wisconsin as an entirety, have put the modern doctrine into force without reservation. New Jersey has also established a Public Utility Commission. The Wisconsin public utility law gives a company operating a public utility in that state, the same right to an increase in rates, if those in force are inadequate, that the state or munici¬ pality has for a reduction, if the existing ones are more than adequate. Going with this is full protection from competition, and the right of the municipality to buy at any time on the valuation of the public utility commission, which is the railroad commission of that state. In states where the right exists and is exercised to regulate rates of such corporations, without the protection which such a law affords the investment, it is doubly difficult to determine the question of reasonable rates. Limitations upon municipalities as to long time contracts relative to public and private charges, subjects the property of such corporations to a hazard accumu¬ lating as the time for the expiration of existing franchises- ap¬ proaches. This anomalous situation, which exists in Illinois and many other states, is, no doubt, due to the transition from the old conception of the responsibilities of public service corporations to the new. It is fair to presume that courts in deciding that rate schedules embodied in franchise grants to public service corpor¬ ations have no contractural effect, intended merely to affirm the power of legislative control, leaving legislatures to work out a sufficient plan to protect the investment as against possible con¬ tingencies on the expiration of their franchises. But though the laws of this state seem to afford no such protection, the provision in Section 18 of the Peoria Water Works franchise, that, “in the event of a failure to purchase said water works as herein provided, on or before the expiration of thirty years, said license and franchise shall then continue in full force and effect until such time as said city may purchase said works,” etc., etc., appears to be ample for this purpose. 8 THE INVESTMENT. The foundation of all fair rate schedules is that sum which should justly be credited to the public utility as representing the capital upon which interest and profits should be based; that is, the reasonable amount upon which a percentage should be al¬ lowed as returns to the investor. At first thought, the determination of this sum seems a simple problem. It is easy to ascertain from the books the cash outlay made in building the plant; or if the books are not accessible, it is only somewhat more difficult to determine the cost of reproducing the physical plant today. Either of these sums corrected for present prices of labor and material and re¬ duced by the amount of deterioration and the wear and tear which the plant has sustained can be, and are often assumed to give the true investment. The facts are, however, that with public utilities generally, this ‘'first thought’’ covers only one part of the question involved On second thought, it becomes apparent that a public utility that has been in operation for a term of years has acquired a certain amount of revenue from private sources, as distinguished from revenue for public service, but that such revenue is not obtained all at once, and generally not without sacrifice and loss to the owner. Farther investigation shows that such private revenue is acquired gradually by all public utilities, whether operated by municipalities or service corporations, and with water works plants, more gradually than with any other kind, and that it requires many years to reach a level that approaches the maxi¬ mum revenue which the city should furnish. It is found that water works plants that have been built and maintained of adequate size for the cities they serve, will take from five to fifteen years to acquire one dollar of private revenue per capita; they take from ten to twenty-five years to acquire two dollars of private revenue per capita; and to reach a ready remunerative stage in revenue, generally requires from twenty to thirty years. The value of the service which such a plant can render that has been in operation long enough to acquire any considerable private business, cannot be measured by its ability to pump atid distribute water only. Its revenue producing power is a most valuable asset, an asset acquired not only because of the exist¬ ence of the physical plant, in a populated city, but because, as stated, it has usually been operated for years without profit, and generally at a loss. 9 To say that the investment in such a plant shall have suf¬ fered diminution because of physical deterioration, and receive no increase for the business which it has created, is inadmissible. It is erroneous to say that the creation of this business is because of the existence and growth of the city alone, and that the city should derive all the benefit therefrom. If the course of events had been such that the city had grown to its present size without water works, a new plant just starting therein would not have the business in question, but would have to acquire it through years of work and at a heavy outlay, just as revenue has been acquired by such plants at all times. Building up of the business is as necessary a part of creating a utility as the building of the physical structure. The two really constitute the utility as a whole, and each forms an essen¬ tial element of the value. It follows from this that when a municipality finds a private agency willing and able to become the pioneer in carrying a pub¬ lic utility, and particularly a water works plant, from the time of no private revenue to the time when the acquired revenue brings remuneration, it has secured a service, the value of which is seldom appreciated. METHOD OF FINDING THE INVESTMENT. The foregoing considerations suggest two possible methods of determining that sum which at any stage of the development of a public utility may reasonably be taken as the proper invest¬ ment. 1. To ascertain the fair cash value of the property, based on the cost of reproducing the physical property as of the time of valuation, and as enhanced by the fact of its acquired earnings. That is, to find its value as a going concern and as of the time of valuation on the hypothesis of reproduction. 2. To ascertain the actual outlay in the plant and its business, made up of the original cost of the physical plant aug¬ mented by the unremunerated expense incurred in producing or building up its business. The first method is the one laid down by the courts for fixing the fair price to be paid for a public utility in case of sale and for determining the investment to be used in fixing rates. CONTROLLING PRINCIPLES OF PUBLIC UTILITY VALUES. It may be said that the controlling principles of public utility value as defined by the higher courts, recognize the fact that cost and value are not synonymous terms; that cost is not 10 i a measure of value, although the structural value of a plant is primarily founded on cost or price, as of some specific time: that finding cost is only a step in finding value, and that the plant must be scrutinized as to its condition and adaptability to the function it is to perform in the future, and proper deductions made for any deficiencies in order to obtain value. Also, that all value that attaches to a public utility grows out of the physical plant and its earnings, and since earnings, or the rendering of service, is the primary object of the existence of any utility, it is plain that there can be no structural value without earnings or service rendered. Physical existence alone does not, and can not, bring value. Value emerges only when earnings or services, are rendered by the operating plant. Hence, the value of any plant is necessarily made up of two fundamental and inseparable elements; the value of the physical plant, or “structural value,” and the value of its business, the “going value.” The latter element goes with the structural element, and augments the total plant value, just as surely as the cost of constructing or supplying the necessary mechanical parts. The proposition that a plant without service to perform, and without earnings, present or prospective, would be devoid of value, except to be dismantled and sold as real estate, second¬ hand machinery and junk, is no more apparent than that its value is due to service to be performed and earnings to be made in the future, and not to wiiat has been done in the past. It is equally clear that the structural value of an operating- plant must be ascertained by comparing it with a similar new or substitute plant, produced as of today, but operating tomorrow, under the limitation of future requirements, and that it is the revenue which the plant in operation can produce in the future, that could not be obtained or produced by such a substitute plant, that constitutes “going- value,” and measures its magni¬ tude. It follows from the foregoing propositions, that there is no vital distinction between the controlling principles applicable to determining structural value and going value. In each case a substitute plant is hypothecated, which is a substantial duplicate of the operating plant in function and mechanical detail. The hypothecation is carried to the extent of building it, mentally, not only at the prices of today, but of doing the work under the conditions and environments of today. If pavements cover the street pipes, the expense of taking up and relaying them form a part of the cost of the hypothetical distribution system, even though they were not in existence when the pipes were orig¬ inally laid. 11 After the structural cost of this hypothetical plant has been thus determined, the structural value of the operating plant is obtained by comparison. The probable future usefulness of the operating plant, and its several parts, are determined upon, and the value fixed by reducing the estimated cost of the hypothetical plant or parts thereof, in proportion to the relation between the service rendered by the operating plant, in the past, and the probable service to be rendered in the future. In like manner, having the past earnings and cost of oper¬ ating the present plant, and its probable future net earnings fixed upon, its going value is obtained by a comparison with the probable operating results which the substitute plant could give, if it were to be built today according to the hypothesis. It is obvious that if the operating plant had not been built before the time of valuation, and had not obtained a business that gives it value, the actual construction of the hypothetical plant of like capacity, and its operation in the same, though a formerly unoccupied field, would furnish the next best alterna¬ tive for obtaining revenue and rendering service. It is equally obvious that the limit of the going value ele¬ ment is the difference in the net revenue of these two plants, beginning with the time of valuation and continuing to that time in the future when they shall have acquired equal revenue. In computing going value as in determining structural value, it is necessary to distinguish between cost and value. Generally for many years of a plant’s operation deficits aie sustained, and if the plant occupies a poor field, or is serving a decaying community, the deficits continue, until they amount to sums greatly in excess of the value of the business which has been acquired. These deficits, in a sense, represent the cost of acquiring the accrued business of the plant, but as they were incurred in past operations, and going value can only be realized in future oper¬ ations, it is plain that there is no necessary relation between them. Hence as in the case of the physical plant, cost is not value, and it is necessary to distinguish between them in an appraisement. One purpose of the foregoing discussion is to make it clear that in appraising a public utility, in accordance with the first method given, it is necessary to distinguish between cost and value, that though under certain conditions cost may be a true measure of value, it is not necessarily so; though as relates to the physical elements of a plant it is an essential first step in obtaining value. That considering a public utility in its entirety, its value not only depends upon its physical structure, but on the service it performs, the business it has acquired, and which it can carry 12 with it. The physical plant and its business cannot be separ¬ ated. Though no service can be rendered without the physical structure, the physical structure without the power and oppor¬ tunity to render service would be valueless. Another purpose is to establish the proposition that it is the service which the physical structure will perform in the future, not the work it has done in the past, that determines its value as an operating mechanism; and that it is the net earnings which it will produce in the future, not what it has produced in the past which determines its value as a revenue producing agency, in other words, tnat the value of a public utility is based wholly upon its future power of service, the past and present cost of construction and operating being used only as an aid to forecast the future. From the foregoing underlying principles of valuation it will be seen that any adequate public utility plant, operating in a growing city, that has been built and developed along lines of adaptability and permanency, and that it kept in effective work¬ ing condition, does not depreciate in value. All the mechanical parts of such a plant ultimately perish by decay, w r ear, on abso- lescence, and must be restored. But being the only existing agency by which the city, or the people of the city can secure its peculiar kind of service, such changes, occurring with a grow¬ ing business, must, on the whole, work toward appreciation rather than depreciation. COURT DECISIONS AND PUBLIC UTILITY VALUES. Though no court, so far as known, has epitomized the prin¬ ciples of valuation in the exact form given, it is believed that the foregoing statement correctly represents the conceptions that the courts had in mind, and which they have in substance ex¬ pressed, in the decisions which have become the basis for the valuation of public utilities. The leading opinion that may be said to have laid the found¬ ation for rational methods of valuing public utilities, and that was the first to establish the equity of the going value element where there is no franchise, was the decision rendered by Judge Brewer of the United States Circuit Court of Appeals, in the Kansas City Water Works case, legally known as the National Water Works Co. of New York vs. Kansas City (U. S. Fed. Reporter, 62, 853.) In his brief on appeal, C. L. Krauthoff, one of the attorneys for the Water Works Company, contended that, “the original legislative act and contract clearly provide for a valuation based upon the works in operation, and that they were to be mortgaged upon the basis of a 33 going concern. That the contract cannot be construed to have contemplated that the works should be mort¬ gaged on one basis and paid for upon another. The works were to be mortgaged without reference to a lim¬ ited franchise, and their value thus fixed was to be stationery. The city can get the works for no smaller amount by reason of the absence of the franchise, and the company cannot obtain an additional allowance as for the franchise. The question is: What are the works, completed and in operation, worth? * * * * Whenever the purchase was made, the works were to be valued as a going concern. They were to be in oper¬ ation. They were to be completed, and the operation thereof was to be contingent.” In his brief for the Company Gardiner Lathrop contended that the controlling idea of the contract relative to purchase is not the cost of the plant as completed; it is not the cost of the theoretical reproduction, but that “on the contrary, the provision is that the city must pay • the fair and equitable value of the company’s works, > completed and in operation. It must pay upon the basis of a going concern, the net income of the plant .being the controlling element upon which the value is to be estimated.” In the course of the opinion the court says: “The company insists that the test is to take the income or earnings, and capitalize them. The earnings pay 6 per cent on four millions and a half. In other words, the company had produced a property which earns 6 per cent on four millions and a half; and that, it is claimed, is the fair valuation of the property, 6 per cent being ordinary interest. On the other hand, the city insists that the franchise has ceased, and that basing a value upon earnings is in effect valuing a fran¬ chise which no longer exists, and which the city is not to pay for; that the true way is to take the value of the pipe, the machinery and real estate, put together in a waterworks system, as a complete structure, irrespective of any franchise—irrespective of anything which the property earns, or may earn in the future. We are not satisfied that either method, by itself, will show that which, under all the circumstances, can be adjudged ‘the fair and equitable value.’ Capitalization of the earnings will not, because that implies a continuance 14 of earnings, and a continuance of earnings rests upon a franchise to operate the water works. The original cost of the construction cannot control, for ‘original cost’ and ‘present value’ are not equivalent terms. Nor would the mere cost of reproducing the water works plant be a fair test, because that does not take into ac¬ count the value which flows from the established con¬ nections between the pipes and the buildings of the city. It is obvious that the mere cost of purchasing the land, constructing the buildings, putting in the machinery and laying the pipes in the streets—in other words, the cost of reproduction—does not give the value of the property as it is today. A completed system of water works, such as the company has, without a single connection be¬ tween the pipes in the streets and the buildings of the city, would be a property of much less value than that system, connected, as it is, with so many buildings, and earning, in consequence thereof, the money which it does earn. The fact that it is a system in operation, not only with a capacity to supply the city, but actually supplying many buildings in the city—not only with a capacity to earn, but actually earning—makes it true that ‘the fair and equitable value’ is something in ex¬ cess of the cost of reproduction.” Judge Brewer’s opinion in this case was so obviously just, and the doctrine laid down so unmistakably true, that so far as known, none of the courts of last resort has since rendered an adverse decision on a similar presentation of facts, though a number of them have confirmed and elaborated the doctrines and principles promulgated by Judge Brewer. The most notable of such cases being known as the two Maine, water works condemnation cases, before the Supreme Court of that state. In the Kennebec Water District vs. the City of Waterville case, 97 Maine, 185, Judge Savage instructed the appraisers as follows: “The property to be taken, both plant and fran¬ chises, are to be appraised, having in view their value as property in itself, and their value as a source of income. There are these elements of value, but only one value of one entire property is to be appraised in the end. These elements necessarily shade into each other.” * *. “In estimating even the structural value of the plant, allowance should be made for the fact, if proved, that the Company’s water system is a going concern, with a profitable business established, and with a pres¬ ent income assured and now being earned.” 15 Also, “In fixing structural value, including the element ol going concern, consider also the present efficiency of the system. * * * * Necessary time to construct de novo, and the time and cost needed after construction to develop such new system to the level of the present one, in respect to business and income, and the added net income and profits which would accrue during this period of construction and development.” In Brunswick and Topsham Water District vs. Maine Water Company, 99 Maine, 371, Judge Savage says: “Structural value must include consideration of the facts that the structure is in use, is a going concern.” Further: “We speak sometimes of a going concern value as if it is, or could be separate and distinct from structural value; so much for structure and so much for going con¬ cern. But tnis is not an accurate statement. The go¬ ing concern part has no existence except as a character¬ istic of the structures. If no structure, no going con- ' cern. If a structure is in use, its value is effected by the fact that it is in use. There is only one value. It is the value of the structure being used, that is all there is to it.” “The property taken is a single tning, to which be¬ longs certain characteristics which effect value. The thing cannot be taken without these characteristics. If it is attempted to value the thing, separate from its in¬ herent characteristics, elements which add value to the thing are omitted. If these elements are omitted, the owner fails to receive the full and fair value of the thing, and thereby is denied just compensation.” Aside from the cases cited, courts of last resort have sus¬ tained the principle of going concern value in a number of specific instances. The City of Galena, Kansas, vs. the Galena Water Works, is one. In fixing the value of the plant the referee allowed an in¬ crease in value on account of this element, which the lower court refused to confirm. On appeal, the Supreme Court re¬ versed the lower court and sustained the referee. Other cases are Gloucester Water Supply Co. vs. Glouces¬ ter, 179 Mass. 365, and Norwich Gas & Electric Co. vs. Norwich, 76 Conn. 565. 16 The City of Omaha, Petitioner, vs. Omaha Water Co., lately decided by the Supreme Court of the United States, sustains an increase of $562,712.45 in the value of the property of the com¬ pany on account of the going concern element in a total ap¬ praised value of $6,263,295.49. VALUATIONS FOR SALE AND FOR RATE MAKING. From the foregoing statements and citations there seems to be no doubt about the doctrine that should apply in the valua¬ tion of public utilities for the purposes of sale. Some courts have, in a measure, distinguished between a valuation for sale and a valuation for fixing the investment in rate cases. The Supreme Court of Iowa, in the case of Cedar Rapids Gas Light Company vs. City of Cedar Rapids, Northwest Re¬ porter, 120-966, in opinion made May 4, 1909, says: “ Where a gas company supplying gas to the inhab¬ itants of a city, laid its mains in unpaved streets, the value of the mains and pipes, in estimating the value of the property in fixing rates, should not be estimated on the basis that it would cost more to place the pipes be¬ cause the streets have been paved.” In the Consolidated Gas Company case, 212 U. S. Reporter, 19, the Supreme Court of the United States says: “And we concur with the court below in holding that the value of the property is to be determined as of the time when the inquiries were made regarding rates. If the property which legally enters into the considera¬ tion of rates has increased in value since it was ac¬ quired, the company is entitled to the benefit of such in¬ crease.” Farther, “The rate proposed must be with reference to the value of the property at the time when the rate takes effect. The company is entitled to the benefit of any increase in value at that time.” Also, “Rates when fixed by legislative authority for pub¬ lic service corporations, should allow a fair return upon a reasonable value of the property at the time it is being fixed.” The Supreme Court of Maine, in the Brunswick & Topsham Water District vs. Maine Water Company, 99 Maine, 371, says: 17 “Reasonableness of the rates must be based upon the fair value of the property used by the company for service of the public.” In San Diego Land Company vs. National City, 174 U. S. 739, 757, Justice Harlan held: “What the company is entitled to demand, in order that it may have just compensation, is a fair return upon the reasonable value of the property at the time it is being used for the public. The property may have cost more than it ought to have cost, and the outstand¬ ing bonds for money borrowed and which went into the plant may be in excess of the real value of the property So that it cannot be said that the amount of such bonds should in every case control the question of rates, al¬ though it may be an element in the inquiry as to what is, all the circumstances considered, just both to the company and to the public.” In Stanislaus County vs. San Joaquin C. & I. Co., 192 U. S. 201, 214-216, it is stated: » “The original cost may have been too great; mis¬ takes of construction, even though honest, may have - been made, which necessarily enhanced the cost; more property may have been acquired than necessary or needful for the purpose intended. * * * * j n this case much of the total amount expended in the course of construction of the works was not proved by those who made such expenditures, and the items and total amount of the cost of construction were only proved by the books. What such books did not prove was the reasonableness of that cost, its propriety or necessity. * * * * To take the amount actually invested into ‘estimation’ does not mean necessarily that such amount is to control the decision of the question of rates.” The Iowa court in the Cedar Rapids case, appears to have furnished the only dissenting opinion of a high court as to the conclusion that the valuation for fixing rates should be the same as the valuation for sale. That there is no real distinction becomes apparent if we consider that no public utility can have two values at a given time, and that its fair value at the time of fixing rates, must be its fair value at the same time for any purpose. If its fair value for sale, differed from its fair value for fixing rates, at a given time, then rates should change, merely because of a change of ownership. 18 To put it another way. If a given sum represents the in¬ vestment which the owner of a public utility is entitled to have paid over to him in case of a forced sale under the franchise, or law, then he is entitled to a fair income on the same invest¬ ment in case he is forced to retain it. It would appear, therefore, that if the first method of de¬ termining the investment is to be followed, that there is no reason for considering the value of the property as different, for rate purposes, from its value for sale or condemnation pur¬ poses. The Iowa case seems to be the result of an effort to com¬ bine two methods of determining the investment for a given property. Either the reproduction method should be logically followed and the investment based upon the value as of the time of fixing rates, or the second method of determining the investment, the “Original Cost and Deficit’' method, should be adopted. THIS SECOND METHOD of determining the investment by original costs and deficits, divorced entirely from present value, has seldom, if ever, been recognized as sound, so far as known, by courts of highest resort. Though the Wisconsin Railroad Commission at one time seemed to have adopted it as the proper one for valuing the public utilities of that state. Later they encountered such difficulties in its use, that it has been practically abandoned, or, at most, they now advocate only a halting and partial use of the same. The Wisconsin law provides, that, “The Commission shall value all the property of every public utility actually used and useful for the convenience of the public.” Acting under this law, the Commission has made a number of decisions that seek to establish certain rules and doctrines affecting the question of public utility values which may be briefly stated as follows: In the Cashton Light & Power Co. case, decided in Novem¬ ber, 1908, the Commission substantially enunciated the same doctrine found in the foregoing citations, as witness the follow¬ ing statements: “There is, however, an element of value that must be taken into consideration, and which is sometimes spoken of as a kin to good will, namely the “Going Value,” and although the franchise of the public utility has expired, its plant is to be taken over by the village as a going concern, and just compensation must be awarded for the property taken as such; that is, as a 19 living and operating entity, engaged in serving the pub¬ lic and not a mere plant without patrons.” Also, “In placing a value on the physical property of a plant, the units of a plant should not be valued as inde¬ pendent entities, but as units of a going concern per¬ forming utility service.” And, “The element of going value created by the invest¬ ment made in developing the business, and in addition to the cost of the physical structure, must be taken into consideration in fixing value.” In the Antigo Water Co. case, decided August 3, 1909, and also in the Menominee and Marinette Light & Traction Co. case, decided the same date, the “Original Cost and Deficit” method of valuation is advanced. It is held as to the physical plant alone, that the original cost, and the cost of reproduction, appear to be the most equit¬ able as a basis for rate making, but that as to the business valu¬ ation alone, the most equitable would appear to be represented by losses during the earlier years, or by deficits from operation during the development period. That as these losses, or deficits, had to be met by the owners, they may be said to constitute the additional investment necessary to build up the business, and are as legitimate and necessary a part of the cost of the enterprise as a whole, as is the cost of the physical plant, and are hence a part of that cost upon which a reasonable amount of interest and profit should be earned. In the case of E. E. Payne, et ah, vs. Wisconsin Telephone Co., also decided August 3, 1909, the same doctrine appears in the following statement: “Going value is distinguished from going concern value. The uncompensated cost incurred in building up the business must be considered in rate making. The seller of a plant, which is a going concern, may be able to get more, and the purchaser be willing to pay more than for a plant which has no established busi- , ness. Similarly in expropriation proceedings going concern value may increase the amount of indemnity to be paid, but this ‘more’ is not property which is used and useful for the convenience of the public. Every effort honestly put forth, every dollar properly ex¬ pended, and every obligation legitimately incurred in the establishment of an efficient public utility business, must be taken into consideration in the making of 20 rates. Collectively, these elements must be character¬ ized by the term ‘going value.’ ” It is thus seen that in the three cases last cited, decided by the Wisconsin Railroad Commission August 3, 1909, the doc¬ trine that the investment for rate making purposes, should be based upon the original cost of construction and the deficits incurred in operation, as opposed to the doctrine of present value laid down by the courts, and as enunciated by the com¬ mission in the Cashton case, is strongly presented. In the text of the decisions, extended arguments are especially directed to showing the fallacy of the “present value” method for rate making purposes. In the Antigo Water case particularly, nearly twenty pages of the decision are devoted to this end, and to establishing the “original cost and deficit” doctrine. In these arguments, however, many of the underlying prin¬ ciples and facts that are the support of the present value method of appraisement are clearly recognized, as is shown by the fol¬ lowing extracts: Antigo Water case, page 84: “A mere physical plant, no matter how perfect or how well it is adapted to the purpose for which it is in¬ tended, amounts to but little unless it has or can obtain a paying business. Without business it is a dead mass instead of a living concern earning profits. To have profits it must have business or customers who avail themselves of the services it renders at rates that yield an adequate income.” “But new plants are seldom paying at the start. Several years are usually required before they obtain a sufficient amount of business or earnings to cover oper¬ ating expenses, including depreciation and a reasonable rate of interest upon the investment. The amount by which the earnings fails to meets these requirements may thus be regarded as deficits from the operation. These deficits constitute the cost of building up the business of the plant. They are as much a part of the cost of building up the business as loss of interest during the construction of the plant is a part of the cost of its construction.” Here there is a clear recognition of the principle that plant value is as surely dependent upon earnings, or business, as upon the physical structure, and of the fact that public utilities gen¬ erally reach a paying basis only after years of operation at a loss. 21 EFFECT OF THE APPLETON CASE. Notwithstanding these decisions of August 3, 1909, so strongly supporting the “Original Cost and Deficit” method of determining the investment for a public utility, as against the “Present Value” method, in the case of the “City of Appleton vs. Appleton Water Works Co.,” decided May 14, 1910, the Com¬ mission take quite a different position. They quote with disapproval page 221, two Pennsylvania cases, apparently the only two extant that seem to support the doctrine laid down in the three cases referred to, because, as they contend, the rule adopted by the Pennsylvania courts is subject to serious objections. To quote: “It would impose upon the public, in some cases, the obligation of paying returns upon extravagant and unwise investments. It can only be accepted as sound when the money sunk in the investment has been pru¬ dently expended and is clearly not so excessive in amount, in comparison with the actual present value of the investment, that to pay a return upon it would . require the exaction of rates that are unusual, or higher , than the value of the service to the customer.” It is to be observed that in this statement the Commission appeals to the “Present Value” to test the correctness of the “Original Cost,” which is the same as saying if the “Originall “Cost” method brings the “Actual Present Value of the Invest¬ ment”,* it may be followed, otherwise not. The following, p. 276 and 277, Appleton case, is a still fur¬ ther repudiation of the “Original Cost and Deficit” doctrine: “The entire excess of cost over operating revenues incurred in developing the business and establishing the same upon a self-sustaining basis is not in every instance an inflexible criterion by which the element of going value is measured, for if it were so considered its application would often lead to a reductio ad ab- surdum. Thus, the longer the period of development necessary to attain the point where the debits and cred¬ its balance, the greater might be the going value, and if such period were abnormally or unusually long, it would often result in an unreasonable excessive going value, depending upon the time the appraisement was made and other circumstances of the particular case considered.” *Black not in the original. 22 The final outcome in the Appleton case is a full justification of the position taken by the courts, and practically leaves the present value method in undisputed control of questions relative to the investment in public utilities for either rate making or for sale purposes. Even such statements as the following from the Brunswick case, that “In determining what would be a fair return, un¬ doubtedly the amount of money actually and wisely expended is a primary consideration. Actual cost bears upon reasonableness of rates as well as upon present value of the structure as such. It thus bears upon what is a fair return upon the investment and so upon the value of the property. In estimating structural value, prior cost is not the only criterion of present value and present value is what is to be ascertained. The present value may be affected by the rise or fall of prices of materials. If in such a way the present value of the structure is greater than the cost, the Company is entitled to the benefit of it. If less than the cost the Company must lose it. And the same factors should be considered in estimating the reasonableness of re¬ turns,” do not invalidate the last conclusion, for Judge Savage dis¬ tinctly says if the present value of the structure is greater than the cost, the Company is entitled to the benefit of it, and if less the Company must lose it. “And the same factors should be considered in es¬ timating the reasonableness of returns.” The doctrine contained in this case clearly is that prior costs may be evidence to show present value, but the present value is the only ultimate criterion for determining the invest¬ ment, whether for sale, or for determining the reasonableness of returns. The Wisconsin Commission occupies a conspicuous posi¬ tion, being invested with great powers as affecting public util¬ ity values in that state. And because of the recognized ability and fairness of the Commissioners, and because their findings are semi-judicial in nature, they will necessarily be quoted, and in a measure relied upon, the country over. For these reasons and because their early decisions run counter to the consensus of the opinions of practically all of the higher courts in the land, we are justified in examining them critically and in testing their soundness in every available 23 manner, so that if the facts assumed by the Commisison and the reasoning therefrom are faulty, it may be discovered. The following quotation from the Antigo Water case, pp. 94 and 95, contains a substantial epitome of their argument against the “Present Value” method of obtaining the invest¬ ment: “As already intimated, engineers and other ap¬ praisers, in valuing public utilities, have gone beyond mere costs in endeavoring to arrive at the value of the business of a going concern, and have also taken the earnings of such plants into consideration. They have held, in substance, that such plants are worth more with, than without an established business, and that the difference in the value in the two cases is closely de¬ pendent upon the cost of establishing the business, as well as upon the earning power of the business so estab¬ lished. In other words, they look upon both the cost and the earnings of a business as proper elements of consideration in determining its value. Many among them, in their appraisals, appear to have attached great- • er importance to the earnings of the business than to- the cost. It is stated above that the net cost of build¬ ing up the business would seem to be a legitimate item for the capital account or of that value of a plant upon which its rates are based. Whether this can also be said of the earning value, appears to us extremely doubtful. Earning values are usually determined by capitalizing net earnings, or by comparisons, which amount to about the same thing, and such values can hardly be equitable for rate-making purposes. “There are many reasons why the earning capacity or earning value of the business cannot be a just basis for rates. Other things being equal, the earnings of a plant depend upon its rates. Under such conditions raises in rates will increase the earnings. The earnings at the time of the appraisal may also be derived from rates that are unreasonably high.” In this the Commission confuses methods, and arguments sometimes used and advanced by individuals who may at times be called upon to aid in the appraisement of public utilities, with the settled consistent doctrine expounded by the clearest thinkers that have occupied, or still occupy benches in the high¬ est courts. As far as appears no appraiser has ever held that the ele¬ ment of going concern value is dependent upon the cost of establishing the business, while at the same time contending 24 that it is dependent upon the earning power of the business so established. But if such should be the case, it does not discredit the soundness of the contrary view that cost is never as such, a measure of value, and if cost and value correspond, it is more of a coincident, or accident, than otherwise. It is erroneous to assume, as the Commission does, with reference to appraisements, made by engineers and others, that, “Earning Values are usually determined by capital¬ izing net earnings, or by comparisons, which amount to about the same thing.” If some appraisers inclined to the capitalizing of net earn¬ ing before the Brewer decision in the Kansas City case, it was to determine the whole value of the plant, and not merely the element of going value. This method, however, was removed from controversy by Judge Brewer in holding it inadmissible. With just as such emphasis, however, he held that, “The original cost of the construction cannot con¬ trol, for ‘original cost’ and ‘present value’ are not equiv¬ alent terms. Nor would the mere cost of reproducing the water works plant be a fair test, because that does not take into account the value which flows from the established connections between the pipes and the buildings of the city.” The principles established by Judge Brewer’s opinion as sound in doctrine as well as in law, are that capitalizing net earnings is inadmissible. Original cost is eliminated, because “original cost and pres¬ ent value are not equivalent terms.” The mere cost of reproduction is not sufficient, “because that does not take into account the value which flows from es¬ tablished connections between the pipes and the buildings.” Now, what is this value which flows from the established connections? In what does it consist? Whence does it come? Judge Brewer did not give it a name, nor did any one in Kan¬ sas City case, though some of the attorneys contended that the business, and the plant as a whole must be taken upon the basis of a “going concern.” Obviously it has to do with something that has economic value, that is the object of human desire, that is sought after. Something for which people will make sacrifice. No one will do this for “Deficits and Losses.” One may incur “Deficits and Losses” to attain the sought for object, but they are not the! object. 25 The object desired and sought in the case of public utilities is beyond dispute, service. A service whose value is repre¬ sented, and measured by certain portion of the probable future earnings of the plant. This certain portion of the probable future earnings is evi¬ dently the thing which enhances plant value, and is the thing to be determined. It has been christened “Going Concern Value,” and for short, “Going Value.” What is the proper con¬ ception of this value? Is it properly characterized by the Wis¬ consin Commission, in the language of the Wisconsin Telephone case? That, “Every effort honestly put forth, every dollar prop¬ erly expended, and every obligation legitimately in¬ curred in the establishment of an efficient public utility business, must be taken into consideration in the making of rates. Collectively, these elements must be characterized by the term ‘going value.’ ” Surely this was not the conception of Judge Brewer, for the uncompensated cost of building up the business of which the commission speaks, the expenses and obligations, are but “original costs,” which Judge Brewer held were not the equiva¬ lent of present value. What is it then but the earnings which the operating plant can and will produce in the future, which could not be obtained if such plant had had no existence? that is the difference in the net earnings of the operating plant, and the possible net earn¬ ings of a hypothetical plant if it were started today in the same though a new and unoccupied field? That the Wisconsin Commission are not fully satisfied with their characterization of “going value” has been shown by the fact that while in the three cases decided August 3, 1909, it is conceived of as dependent upon the cost of building up the bus¬ iness; that is, upon the deficits of operation; in the Appleton case this was held not to be an inflexible criterion, because, according to the commission, if the deficits are too large and continue over too long a time, the “going value” becomes too great. It is pertinent to inquire, how is one to know that it becomes too great? What is the standard of magnitude? If the costs and deficits have been necessary in the conduct of the business, if they could not be avoided, and they are to be the measure of value, why should they be excluded if the theory is sound? If they are legitimately a part of the investment and were properly incurred, their magnitude is of only secondary consequence. The courts foresaw all of these difficulties and kept clear of them by repudiating the theory that deficits or costs represent value. 26 To state the proposition that the greater the deficit the greater the value; that is, the greater the loss, or the less busi¬ ness the plant has the more it is worth, is to reduce the “original cost and deficit” theory to a reductio ad absurdum. The difficulties which the commission encountered, and which some other minds encounter, is basing “going values” upon revenue which may be too high, are only imaginary. The discriminating appraiser can determine from the revenue, within small limits, whether the rates are too high as a whole, to give a proper basis for computing going value, and he can always cor¬ rect the going value to conform to the proper revenue after it has been determined. LIMITATION OF THE INVESTMENT. The principle that the investment sum must not exceed the fair present value of the property is a fundamental deduction from the foregoing discussion. Also that the value found must primarily be fair to the municipality. By this it is meant that under no condition is the municipality to be called upon to pay more than the present value of a public utility as a going concern. Hence the importance of finding this limit, and hence the fallacy of the “original cost and deficit” theory of valuation. Any method if consistently applied, that gives more than the actual present value of the property, is liable to be unfair to the municipality. And if, as in the Appleton case, the result must be compared with the value ascertained in another way, tnen the method fails as a complete instrument of valuation. It is the insistency of the courts that appraisements shall not exceed the present value, that protects the public interests, and it is the requirement that the plant shall be valued as a going concern that insures the owner in at least a part of the N uncompensated service which has been rendered. To speak of insuring the owner against uncompensated ser¬ vice may appear in effect as appealing to the “original cost and deficit” method. But this appearance vanishes when the com¬ pensation is limited to the present value of the property. That the owner should receive compensation for his out¬ lays so long as it does not exceed this value, is manifestly just. It is obvious also that to hold that the owner should be thus compensated, within the limits of value, is very different from holding or allowing, that the compensation shall exceed these limits if the costs are in excess. This distinction is fundamental. In one case the munici¬ pality always gets value received, and the risks are carried by the owner. In the other case, the municipality is made io shoulder the risks of a business for which it is only remotely responsible. 27 These distinctions are in full harmony with the doctrine laid down by Judge Savage in the Brunswick case in the para¬ graph quoted above, page 23, which is in substance that present value must govern, though original cost is legitimate evidence to be considered as bearing upon value. Some confusion in the methods of valuation, as with tlie rights and responsibilities of public service corporations, aie perhaps inevitable during the transition period from the old to the new conception of a public utility. No one can reasonably deny that if the public utility being valued was brought into being as the joint product of public and private agencies, and if during all of its past existence it has been operated under strict governmental control, w T ith a scale of rates which furnished proper remuneration to the operator, that the actual original cost of the physical property, increased by the outlay in creating the business, might reasonably be conside-ed the fair investment sum sought. But there are no such public utilities in existence today. Those now being operated by semi-private and quasi-public agencies, were created by such agencies under contract with the municipalities which they serve. By the theory of their creation the risks were assumed by the owners. If they made money it was theirs, if they did not, they would have to bear the loss. The public could not be called upon to make them whole, either directly or indirectly, except so far as the value of the property will affect that result. To this value they are entitled at least as far as is necessary, to proper remuneration. But they have no right to compensation beyond that given by the value of the property. It should not be assumed that in all cases the value of the property should be enhanced by the full amount represented by the difference of the net earnings of the operating plant com¬ pared with the hypothetical plant, that is, by the full amount of the going value. After the revenue of the operating plant has been devel¬ oped substantially to the level of the city it serves, it may be found that an enhancement of even less than one-half of the full going value will give an investment adequate to afford proper compensation to the company. In such event, the city becomes a large beneficiary from the past operations of the plant. It is thus seen that an equitable valuation of a public utility involves a careful consideration of many variable elements. It is little wonder then that the Wisconsin commission should find that different cases present different aspects, and 28 that conclusions that seem justified in one case, are not consist¬ ent and just in another. Difficulties will arise, whatever theory of valuation is adopt¬ ed, but that theory which follows the true economic principles of value will be found to be the simpler and freest from em¬ barrassments. So long as the appraiser keeps within the limits of actual values he is not likely to go far astray. But if he attempts to deal in “original costs and deficits,” except as a mere check, as evidence to educate his judgment, nothing but confusion will follow. Herein lies the contrast of the two methods of valuation. “Origial costs and deficits” consistently followed may lead to great injustice, and without a resort to present value for com¬ parison, the appraiser may often be unable to get his bearings. But so long as logically determined present values are dealt with no serious injustice can result. Such being the case it is evident that the doctrine of valua¬ tion laid down by the courts, is the only one which will safely guard the rights and interests of the public, as well as of the owners of the utility. Being convinced of the correctness of this position, it has been the endeavor in this case to find that sum for the invest¬ ment, which being, by a wide margin, within present values, will bring to the owners of the Peoria Water Works, substantial compensation for the service they have rendered the city. PEORIA WATER WORKS. Historical, Descriptive, Financial. In a sense, the water works built by the City of Peoria in 1868 and ’69, and operated until November 1, 1889, when they were turned over to the Peoria Water Co., the assign of Moffett, Hodgkins & Clarke, were the beginning of the present plant, and for certain purposes the latter should be considered as the con¬ tinuation of the former. Appendix IV of the report of March 24th, contains a brief historical statement of such salient facts as could be culled from the city records in the offices of the City Clerk and City Comp¬ troller. The minutes of the City Council, covering this period, are available, but unfortunately, in only a limited number of in¬ stances do they contain the detailed reports of the Water Works Committee, or the Superintendent of Water Works, except by inferences, and what is still more unfortunate, these original reports are generally not on file. The data available is, hence, to a certain extent, fragmentary. 29 It has been possible, however, to arrive at a reasonably close approximation of the cost of the water works, and of their oper¬ ation, and the income from the various sources, of water fates, bonds and taxes. The following is a statement covering construction and operation of the plant, from which it will be observed that the cost of the distribution system is placed at $462,000, while in Appendix IV of the March 24th report, it is given as $420,000, the total plant cost being $662,000 instead of $620,000. This variation is partly due to a revision of the figures, but mainly to the discount on bonds and interest during the first construction period being included. The following is a summary of the approximate cost of building and operating these works, covering twenty years, from 1869 to November 1, 1889, when the plant was acquired by the Peoria Water Company. Cost of construction includes interest during the period of first construction, June 1868, to December 1869, and discount on bonds: Cost of pumping station, including real estate, inlet from river, pumps, boil¬ ers, etc.$200,000 Distribution system, including city wells... . 462,000 $ 662.000 Operating expenses .$436,000 Interest paid . 729,000 $1,165,000 Total outlay on account of works.$1,827,000 Receipts. Water rents and taps.$505,000 Bonds. 500,000 Income, miscellaneous . 22,000 Income from taxes. 800,000 $1,827,000 The plant was sold for $450,000, and there was received for water rents, $505,000, a total of $955,000, which taken from the total outlay of $1,827,000, leaves $872,000 as the cost of furn¬ ishing fire protection, or public service, for twenty years, which is $43,500 per year. The works started with 15.5 miles of street mains in 1869. / and ended, in 1889, with 45 miles, the yearly average being not more than 33 miles. On this basis, the cost of fire service per mile of pipe in use, while the city operated the plant, was $1,320 per annum. Prior to building the works the cost of the fire department per year was $13,000. 30 The first official act leading to the construction of the orig¬ inal works was taken by the City Council, February 4, 1868, when a committee was authorized to employ an engineer to prepare plans for a system of water works. This resulted in engaging Joseph A. Lock, formerly assistant engineer of the Louisville Water Works, who made surveys and plans for a reservoir system, estimated to cost $310,059. The committee reported against the reservoir plan, and in¬ stead recommended the Holly direct pressure system, equipped with Holly eliptical rotary pumps, to have a capacity of 3,500,000 gallons in 24 hours. The Holly system was then in an experimental stage, and the Peoria plant must have been among the first of the kind built May 25, 1868, the committee was authorized to contract with the Holly Company for the pumping plant, and a few days later to contract for pipe. December 7, 1869, the Water Works Committee reported that water was first supplied through the pipes on June 22, and that the works were substantially completed December 1st, at which time, 15^4 miles of pipe had been laid, and 110 fire hydrants had been set. They had cost on a cash basis, $353,133. The Holly machinery did not prove durable, and was very extravagant in the use of coal. About 1874 or ’75 one Dean, and one Cameron pump was purchased, and in 1879 and 1880, two Worthington pumps were installed, each rated at 2,500,000 gallons capacity in 24 hours. The pumping plant and supply works were located at Grant street and the Illinois river, the water being drawn from the river. The quality of the water was very bad, and seriously handi¬ capped the plant in obtaining revenue. Though in four years it had acquired a revenue of $22,615 per year, in 1889, sixteen years later, the revenue was only about $33,000, an increase of less than 50 per cent. During this time the population of the city had grown from about 25,000 to 41,000, and the pipe mileage was nearly doubled. The service rendered by the plant not being satisfactory, in 1887, Mayor Kinsey urged that a reservoir system be built, and in the following year he renewed the recommendation. As a result of the then existing conditions, and the Mayor’s recommendations, and because the city could not obtain the money to reconstruct the plant with a suitable supply of potable water, on May 4, 1889, the council passed the present water works ordinance, granting Moffett, Hodgkins & Clarke a fran¬ chise to rebuild, enlarge and extend the water works system, and providing for the sale to them of the then existing works for $450,000, the amount of the outstanding water works bonds. 31 The franchise was granted for thirty years, with a provision for a renewal for an equal term, if the plant shall not have been purchased by the city, by the end of the first thirty years. It was not to take effect until a water supply satisfactory to the City Council had been discovered by Moffett, Hodgkins & Clarke, and accepted by the City Council. The ordinance of May 4th was amended July 23, 1889, and on November 1st the old city works were turned over to the Peoria Water Company, the assigns of Moffett, Hodgkins & Clarke, which Company they had organized June 2, 1889; Mof¬ fett, Hodgkins & Clarke taking a contract to carry out the terms of the ordinance. The property transferred consisted of the pumping works, river inlet and lands belonging therewith, 45 miles of street mains and hydrant connections, 4 inches and 16 inches in diameter, 368 fire hydrants, and 2,084 service pipes, with such appurtenances as usually accompany a water plant. Of the 45 miles of pipes, about 31.2 miles remained in the system, 9.3 miles were taken up and relaid, and 4.5 miles of the small pipes were abandoned, disappeared in some manner, or never existed. The structural value of the old plant as a part of the new, is estimated at ..'$225,000 The going value. 75,000 Total value of the property.$300,000 Leaving $150,000 as the cost of the franchise to Moffett, Hodgkins & Clarke. The works specified in the ordinance granted to Moffett, Hodgkins & Clarke were to be a combined “direct pumping and reservoir system/’ There were to be three compound pumping engines, each with a capacity of not less than 6,000,000 gallons in 24 hours. The distribution system was to have 75 miles of street mains, of which not more than 17 miles were to be 4 inches in diameter, and not exceeding 23 miles, 6 inches in diameter. A 30-inch main was to extend from the pumping works to the court house square. It was built beyond the square, and has a length of 16,180 feet. The 30-inch main connecting the distribution system with the reservoir is 5,273 feet in length. One thousand fire hydrants were to be set along the 75 miles of street mains. One earthen reservoir was built, having a capacity of 18,- 000,000 gallons, and two elevated steel water tanks, having a capacity of 500,000 gallons each. The flow line of the reservoir 32 . and tanks was to be 220 feet above the corner stone of the court house, or 320 feet above city datum. Some years after the tanks were built one of them collapsed, and the other one was subsequently dismantled. The franchise ordinance provided that the grantees should at their own expense investigate for a source of supply, and that the water furnished should be clear and wholesome, of such standard or purity as to secure the approval of the City Council, and that before the then water works system should be con¬ veyed to them, a sample of water and source of supply should be accepted by the council. The present pumping works are located on the Illinois river, and near to the tracks of the Rock Island railroad, 6,400 feet above the city limits, and 15,400 feet from the court house square. The reservoir is located to the northwest of the pumping station, and one mile distant therefrom, in a direct line. The reservoir and pumping station both being outside the city. The Village of Averyville lying between the pumping works and the city, and is supplied with water by the Company. The water supply system as actually built and in operation today, consists of one main central open well, containing a steel collecting tank on the inside, which is supported by pipe posts sunk to the rock, with which the suction pipes leading to the pumps connect. In addition to this there are seven subsidiary wells, located up and down the river for a distance of 4,580 feet. The extreme southerly one being 1,250 feet from the central well, and the extreme northerly one, 3,330 feet therefrom. One of these sub¬ sidiary wells is just being completed, and as yet has furnished no water. The water is conveyed from the two southerly wells to the central well through a wooden stave conduit, 20 inches in diameter, and from the northerly gang of wells through a 24- inch sewer pipe conduit laid to a grade. In most of these wells, including the central well, vertical centrifugal pumps, operated by Pelton water motors, are in¬ stalled, the motors being operated by water supplied by the main pumps. Electric motors are being substituted for these hydraulic motors, thus relieving the main city supply pumps of this work. The water is contained in an underlying stratum of gravel and sand that lies above bed rock. Above this stratum, that is of varying thickness and consistency, is a bed of practically im¬ pervious clay. Inside of the wells there are perforated steel caissons in which the centrifugal pumps are placed, the water being drawn 33 through the perforated shells of the caissons, which act as strainers in holding back the sand and gravel. The extreme bottom of these caissons are generally sunk to a level of from 6 to 10 feet below city datum. The level of the extreme high water in the Illinois river at the upper free bridge, near to the pumping station, is 46.15 feet above city datum. As the walls of the wells are carried above high water, the total depths of the wells vary from 53 to perhaps 57 feet. Extreme low water in the river at the upper free bridge is given as 22.55 feet above city datum. With no draught on the wells, the level of the water in them is approximately the same as the river level, but when being pumped, the level drops below the river level, variable dis¬ tances, depending upon the quantity of water being drawn, and the amount of the underground water supply. As none of the water appears to come from the river, the available supply varies with the surface supply that reaches the water bearing stratum. With a minimum ground water supply, coincident with a low river stage, the surface of the water in the well would reach its lowest level. In November, 1908, the low water stage of the river was 30.5 feet and the level of the water in the small wells sunk inside of the central well was 8.5 feet, a difference of 22 feet. On March 9 and 13, 1908, the river stage was 45.50 feet, near to extreme high water, the well at same date was 41 feet. August 9 and 11, 1909, with a pumping rate of 10,000.000 gallons per day, the river stage was 32.8 feet and the well 17 feet, a difference of 15.8 feet. During June and July, 1910, the limit of the present supply seemed to have been reached, and it is believed that the limit of the developed water bearing field has also been reached, and that it cannot be increased by expanding its boundaries. For this reason a new field, about 2^4 miles above, on the river,, has been investigated and the property acquired. The Peoria Water Works Company, in its own name, and in the name of the Richwoods Water Company, has acquired about 205 acres of land, including the pump house and reservoir tracts, and 76 individual lots, much of it lying to the north and west of the pump house. It has also secured the right to control the use of 88 acres more. With the exception of the pump house and reservoir tracts, and the strip of land stretching up and down the river, upon which the wells have been developed, all of these lands, and rights of control, have been acquired to protect the water supply from possible contamination, real or hypothetical. 34 Taking counsel of the experience with a water supply drawn raw from the Illinois river, which received the drainage of num¬ erous cities between Peoria and Chicago, and along the Kan¬ kakee river, as also a large part of the sewage of Chicago, the council inserted stringent provisions in the water works ordin¬ ance to guard against contamination. A part of Section 6 reads: ‘'The City Council shall have the right to examine from time to time the quality of the water supplied, and the grantees agree to maintain and furnish during the continuance of this franchise, water of as good or better quality than that of the sample originally furnished and accepted by the city, and said grantees agree to maintain and keep said source of supply in the best possible state of purity, and to take every possible precaution to pro¬ tect the same from contamination or pollution from any source whatever. In no case is the supply of water to be taken from the Illinois river, nor from a location that would be subject to drainage from any cemetery. Said location of water supply shall be north or northeast from the northern part of the city limits. “It is expressly understood and agreed by and between the parties hereto that in case said grantees shall fail to comply with the provisions of this section requiring said grantees to supply the inhabitants of the City of Peoria with clear and wholesome water, said grantees shall thereby forfeit to the City of Peoria the sum of one hundred and twenty-five dollars ($125.00) per day for each and every day they shall fail for any reason to supply such clear and wholesome water as aforesaid; provided, that the City Council of the City of Peoria shall first cause to be given to said grantees through any officer of said company, or agent in charge of said company’s business in the City of Peoria, fif¬ teen days’ notice that said water has been pronounced impure and unwholesome and not up to the standard prescribed by the said City Council. The said amount to be recoverable of and from said company in an action of debt by and in the name of the City of Peoria.” On taking over the old city works, November 1, 1889, Mof¬ fett, Hodgkins & Clarke proceeded to the rehabilitation of the distribution system, and to the construction of the new parts of the works hereinbefore described. Construction continued through 1890 and 1891, and was so far advanced early in the year 1892—probably about February—that water was supplied 35 from the new central well by the new pumps. The other wells not being included in the Moffett and Clarke contracts were not installed by them. On May 21, 1892, the Peoria Water Company notified the city that they had completed all the extensions and enlargements of the water works, and were ready for a test under the or¬ dinance. On June 3 and 4, 1892, Professor J. B. Johnson made a test of the works for the city, and reported that all of the require¬ ments of the ordinance relative to fire streams and water supply had been fully complied with. And on July 25th the City Council formally accepted them. During the period from November 1, 1889, to the acceptance of the works, July 25th, 1892, the old city works and the new ones were operated in turn by Moffett, Hodgkins & Clarke. After the latter date, and until the appointment of a receiver, January 8, 1894, the plant was operated by the Peoria Water Company. The receiver continued in charge of the plant until January 14, 1898, when the property was sold to trustees for the bond¬ holders under decree of foreclosure. On July 20, 1898, the trustees conveyed the plant to the Peoria Water Works Company, which has operated it since that time. During each of the periods of ownership and control, since the works were accepted by the city July 25, 1902, more or less construction work has been done, and lands purchased, much of which stands in the name of the Richwoods Water Company. The Richwoods Water Company was incorporated in 1898, during the reorganization following the foreclosure sale, to take over a part of the water supply works that had previously been built, and to develop them to a greater extent subsequently; to acquire lands needed for the extension and protection of the water supply, and to take over all of the distribution system lying outside of the then city limits, except the 30-inch mains leading to the city and to the reservoir. This Company also acquired the rights and franchises granted by the Villages of North Peoria, South Peoria and Averyville, and rights in the upland addition to the City of Peoria. It also owns the franchise for the Village of Bartonville, and the pipe system supplying that village and adjacent territory. THE FINANCIAL SIDE OF THE TWO COMPANIES that own the property constituting the Peoria Water Works, has been approached with difficulty, and with more or less un¬ certainty. But by culling from the original franchise ordinance and the amendments thereto, from the petition for an injunction in the case of the Peoria Water Works Company vs. the City of 36 Peoria, filed in the Circuit Court of the United States, for the Southern District of Illinois, on the 19th day of June, 1908; from the City Council records, and from the inventories of the property belonging to the two companies, and by inquiries made from time to time of persons connected with the affairs of the Peoria Water Company, material for a financial statement, which is believed to be substantially correct, was obtained. A statement of the revenue and operating expenses of the plant, from November, 1889, to 1903, inclusive, was also furn¬ ished. From 1904 to 1908 inclusive, we have the auditor’s figures- The Peoria Water Company, incorporated June 2, 1889, with a capital of $1,000,000, executed and delivered to the City cf Peoria, October 25th, 1889, two non-negotiable bonds, in the sum of $225,000 each, one maturing in 19 years and the other in 30 years. These bonds were secured by a first mortgage on the property of the Company, and were given to secure the payment by the Peoria Water Company of $450,000 of Peoria City bonds, that had been issued on account of the old water works. Upon their delivery, the City of Peoria deeded the original water works to the Company. The following is a list of said city bonds, with the annual interest. See Sec. 2 of ordinance: $ 33,000 of 6 per cent bonds, due August 1, 1889, interest. .$ 1,980 108,000 of 7 per cent bonds, due April 1, 1890, interest. . 7,560 12,000 of 7 per cent bonds, due August 1, 1890, interest.. 840 2,000 of 7 per cent bonds, due April 1, 1891, interest. . 140 $10,520 50,000 of 7 per cent bonds, due May 15, 1899, interest. .$ 3,500 50,000 of 5 per cent bonds, due May 15, 1901, interest. . 2,500 195,000 of 4 y 2 per cent bonds, due June 1, 1908, interest.. 8,775 $14,775 The Peoria Water Company executed an issue of $2,000,000, 6 per cent, 30 year bonds, bearing date November 1, 1889, pay¬ able toffhe Atlantic Trust Company of New York, secured by a trust deed to the said Trust Company as trustee. In this connection it should be said that as long as these city bonds were outstanding the interest on $295,000 of them, those maturing in 1899 and later, was always paid by the city, and the amount thereof deducted from the hydrant rental, thereby reduc¬ ing the apparent net income of the works by that amount. Moffett, Hodgkins & Clarke paid $155,000 of them soon after the city works were taken over, with the interest thereon to the time of redemption. 37 This statement is verified by the statement of revenue and operating expenses furnished. Moffett, Hodgkins & Clarke were to receive from the Com¬ pany in payment of the work done under their contract, $1,050,000 of the 6 per cent bonds of the Company, and $200,000 of the Com¬ pany stock. On the acceptance of the works, July 25, 1892, the Company had parted with, or was under obligations to part with, a suf¬ ficient amount of their bonds to pay the contract price of $1,050,- 000 in bonds, to reimburse Moffett, Hodgkins & Clarke for the $155,000 city bonds, with interest, and to pay for certain extra work done by Moffett, Hodgkins & Clarke. As a result of the contract with the Peoria Water Company Moffett, Hodgkins & Clarke, Incorporated, were thrown into the hands of a receiver and their affairs liquidated. The Peoria Water Company also was unable to carry the load which had been assumed, and defaulted in the payment of interest due May 1, 1893, or for that due earlier as well, or, at any rate, the default was made, less than one year after the acceptance of the works by the city. Because of this default a receiver was applied for by the Atlantic Trust Company, and Cornelius B. Gold was appointed receiver by the Circuit Court of the United States, January 8, 1894. The Trust Company set out in its bill of complaint that there was then due the purchasers of the Company’s bonds, $1,381,475. That this sum properly represented the Company’s liabil¬ ities, exclusive of $295,000 city bonds, then outstanding, is shown by the following considerations and financial statement. In addition to the liabilities incurred under the Moffett. Hodgkins & Clarke contract, construction work had been done by the Company, between July 25, 1892, and January, 1894, estimated to cost $11,228. Interest had been paid, or had accrued, on the $1,050,000 con¬ tract bonds, from about July 1, 1890, to the time of the receiv¬ ership. Interest had also been paid, or had accrued, on the bonds issued to take up $155,000 of city bonds, with interest, as well as for the extra work done by Moffett, Hodgkins & Clarke. As an offset to these liabilities $138,912 of net earnings had been received, between November 1, 1889, and November 1, 1893. Neither Moffett, Hodgkins & Clarke or the Peoria Water Company were able to realize on their thirty year, 6 per cent second mortgage bonds, more than 90 cents on the dollar, so that in estimating the cost of work, or the cost of funding city bonds, 38 or cash obligations of any kind, it must be done on a 90 per cent basis. The indebtedness of the Company, January, 1894, was made up of the following items: Moffett, Hodgkins & Clarke contract bonds.$1,050,000 Interest on same for 3 years and 6 months, 6 per cent. . 220,500 $155,000 city bonds funded on basis of 90 cents on the dollar. 172,222 Interest on same for 4 years, 2 months, 6 per cent. 33,055 Construction, July 25, 1892, to January, 1894. 11,228 Extra work done by Moffett, Hodgkins & Clarke, ex¬ pense of Company, etc., to balance. 33,382 Total outlay to January, 1894.$1,520,387 Less net revenue for 4 years. 138,912 Indebtedness, January, 1894, not including $295,000 city bonds.$1,381,475 It should not be assumed that this statement would be veri¬ fied in detail by the entries on the Company’s books. The items most liable to vary from the actual, are the con¬ struction item of $11,228, the interest item of $220,500 on the contract bonds, as there is nothing definite as to when the in¬ terest should begin to run, and the $33,382 for extras, interest and expenses, the amount of which was determined by the neces¬ sity of a balance. It might very well be that the construction item and the interest on the construction bonds are too low, and this item too high. But that $1,381,475 may be accepted as the proper indebtedness of the Company, January, 1894, exclusive of $295,000 of city bonds, admits of no reasonable doubt. This sum takes no cognizance of the losses of Moffett, Hodgkins & Clarke, which are said to have been large. The receiver operated the plant for the years 1894 to 1897, inclusive, and January 14, 1898, the property was sold, under a decree of foreclosure, to trustees for the bond holders, for $1,- 500,000, subject to outstanding city bonds to the amount of $295,000. The question arises, does $1,500,000 cover the outlay on the total property up to the date of sale? Evidently not, as is ob¬ vious from the following considerations: As has been seen, it was impossible, during the early years, for the Company to realize on their thirty year, second mortgage, 6 per cent bonds, more than 90 cents on the dollar, and much less could the interest charges have been reduced during the receivership. 39 The net income for the four years of the receivership was $199,960. The total indebtedness of the Company, January, 1894, on a cash basis, was, as has been seen, $1,381,475. The estimated cost of the construction work done and prop¬ erty purchased, from 1894 to 1897, inclusive, is $114,265. Hence the following statement: Indebtedness January, 1894, not including city bonds. .$1,381,475 Interest on $1,381,475 indebtedness for 4 years at 6 per cent. 381,554 Estimated cost of construction for 4 years. 114,265 $1,827,294 Less total net earnings for the four years after deduct¬ ing from the revenue, the interest paid by city on $295,000 city bonds. 199,960 Total outlay and obligations, exclusive of city bonds, to January, 1898.$1,627,334 which is $127,334 in excess of the price for which the property sold. The question arises, how did the Company take care of this surplus indebtedness? The answer may be found in the Richwoods Water Com¬ pany, which was organized simultaneously with the organization of the Peoria Water Works Company. The inventory of the property of the Richwoods Company shows that it holds title to a large part of the property con¬ structed and acquired during the receivership, which is included in the $114,265 of construction outlays. Evidently the $200,000 bonds of this Company were used to take up this surplus, and to acquire other property. The capital stock of the Peoria Water Works Company is $100,000, and the bonds of the two companies aggregate $2,- 200,000. With the organization of these companies there was a re¬ adjustment of the bonded indebtedness of the defunct Peoria Water Company. The holders of the bonds then outstanding consented to a scaling of their interest from 6 per cent to 4 per cent, the 2 per cent difference being capitalized at 5 per cent and income cer¬ tificates issued therefor. These certificates were subsequently exchanged for 4 per cent debenture bonds, at the rate of 50 cents on the dollar. The debentures amounting, it is said, to $142,900. Interest was paid 40 on these debentures for only a few years, and no dividends have at any time been paid, it is said. These bond transactions during the reorganization are not fully verifiable in all of their details. Hence the amount of in¬ terest paid on account of the $2,200,000 bonds of the two com¬ panies, and the outstanding debenture bonds, since the receiver¬ ship cannot be exactly determined. The petition filed by the Company in the rate case, June, 1908, avers that the average annual interest paid during the then last nine years was $86,798.39. Subsequent to the organization of the Peoria Water Works Company it paid the whole amount of the outstanding city bonds as follows: May 15, 1899 .$ 50,000 May 15, 1901 . 50,000 On or before February 1, 1905. 195,000 As before stated, until these bonds were taken up, the city paid the interest, and charged the amount against hydrant rental, but in order to meet them the Company had to dispose of some of its own bonds, or of the bonds of the Richwoods Water Com¬ pany, which could not be done on better terms than 90 cents on the dollar, with an equivalent interest rate of not less than 6 per cent. The transaction that resulted in scaling the interest to 4 per cent, and capitalizing 2 per cent in the manner described above, made no material difference in the Company’s liabilities, the prin¬ cipal advantage being that it reduced the first lien indebtedness so as to lessen the danger of another receivership. Hence the better way to determine the approximate actual cost of the property of the two companies, to the end of the year, 1908, is to compute the interest at 6 per cent for eleven years on $1,627,334, the cost of the works January, 1898, exclusive of city bonds, and to fund the principal of the city bonds at the date of payment, on a 90 per cent basis, and add the interest at 6 per cent from the date the bonds were paid, to December 31, 1908. Also add the cost of construction during the eleven years, with interest at 6 per cent, which, as estimated, amounts in all to $320,709, and reduce the sum thus found by the net earnings for the same period. The following is a statement of the cost of all the property of the two companies to December 31, 1908, computed on the speci¬ fied basis: 41 Cost of plant, exclusive of city bonds, January, 1898. . .$1,627,334 Simple interest at 6 per cent for eleven years. 1,073,(HO $50,000 city bonds paid May 15, 1899, funded at 90 per cent . 55,555 Interest on same, 6 per cent for 9.5 years. 31,666 $50,000 city bonds, paid May 15, 1901, funded at 90 per cent . 55,555 Interest on same, 6 per cent for 7.5 years. 25,000 $195,000 city bonds paid February 1, 1905, funded at 90 per cent. 216,666 Interest on same, 6 per cent for 3 years and 11 months. 50,920 Construction, 1898 to 1903 . 183,057 Interest on same, 6 per cent for 8 years.. 87,857 Construction, 1904 to 1908. 137,652 Interest on same, 6 per cent for 2 years. 16,518 Total.$3,560,820 Less net income for 11 years after paying in¬ terest on $295,000 city bonds up to the time of their redemption,as shown above. Net income 1898 to 1903 inclusive.$524,175 Net income 1904 to 1908 inclusive. 701,843 1,226,018 Total net outlay, or cost of property, December 31, 1908, not including depreciation.$2,334,802 The foregoing statement gives no consideration to depreci¬ ation, which should be provided for from the earnings, and which, if applied, would reduce the net earnings by the amount of the depreciation, and hence increase the cost of the plant by the same amount. In the valuation of March 24th the total depreciation was found to be $191,445. This added to the above footing gives $2,- 526,247. The construction items, aggregating $434,974, entering into this sum, are liable to a variation from the actual, because the prices used in the estimates may have been different from those actually paid. On the other hand, there have been carried net, and not fund¬ ed at 90 per cent, which is the equivalent of a 10 per cent discount. By taking off $76,247, full allowance will be made for the cost of the two water tanks with interest, which are not now a part of the plant, and the total cost will stand $2,450,000. This may properly be considered a conservative determina¬ tion of the investment by the “original cost and deficit” method. This sum is not the result of compounding deficits, and does not exceed what it would have been if determined on a 7 per cent 42 simple interest basis, without a bond discount. And 7 per cent is believed to be only a fair rate of return on capital used in the operation of public utilities, under such conditions. See pp. 43 to 47 of this report. On March 24, when the valuation of $2,150,000 was reported, many of these facts were not at hand, and none had been an¬ alyzed. No attempt having been made to compare results by the two methods of obtaining the investment. The outcome of this comparison properly suggests the de¬ sirability of a fuller consideration of the method used in finding the investment of $2,150,000. THE INVESTMENT FOR THE PEORIA WATER WORKS In the general discussion of methods of valuation, found on pages 10 to 29 of this report, the first method considered, viz: the finding of the plant value as a going concern, and as of the time of valuation, on the hypothesis of reproduction, was held to be the proper one. In this valuation the plant value was enhanced, in two items, $316,020 in all, because of its acquired business, that is, for the going value element. The manner of estimating this element was not gone into, nor did the report contain anything indicating its actual total amount as determined, although it had been approximately es¬ timated as amounting to more than twice the sum given. For the purpose of this report, a more extended and care¬ ful estimate has been made, and the total amount found to be $856,096, based on an investment of $1,950,000, the reproduc¬ tion cost of the property, as given in the report of March 24. But with an investment sum of $2,150,000 for the present plant, its going value would be reduced by $200,000, the differ¬ ence between $1,950,000 and $2,150,000, making it $665,096. On this basis there is left $665,096 less $316,020, equal to $349,076, of the going value element, which is unused, that is, it remains to the credit of the plant, which if taken over at the price of $2,150,000, would have $349,076 of surplus value. The details of the computation of this going value is given in a table, which is accompanied by a diagram containing the revenue and population curves, upon which the computation is based. They are both filed Appendix III. RETURNS. The investment, or that sum which should be credited to a public utility, having been determined, the question arises as to what per cent should be allowed for returns on the invest- 43 ment, that is, for interest and profits, after operating expense, maintenance, taxes, the depreciation and renewals, have been provided for. In seeking an answer to this question, we properly turn to court decisions, and the decisions of officials clothed with semi-judicial functions. In Wilcox, et al., representing the Public Service Com¬ mission of New York, vs. Consolidated Gas Co., 212 'U. S., the Supreme Court of the United States says: “There is no rule as to any particular rate which any corporation subject to legislative control in the matter, has a right to obtain without legislative inter¬ ference. It depends upon circumstances and locality. In this particular case, with reference to risk attend¬ ing the business, and the locality where it is carried on, the complainant is entitled to a return if it is pos¬ sible, of six per cent upon the fair value of its property actually used in its business of supplying gas.” “The less the risk, the less the right to any un¬ usual returns upon the investment.” The Court points out that in the valuation of the plant' the lower court had allowed $12,000,000 for franchise value, which was reduced to $7,781,000 by the Supreme Court, being the amount which had been added to the capitalization of the plants at the time of consolidation. Also that the seven constituent companies down to the time of consolidation in 1884 had been free from legislative regulation of rates. They had been pros¬ perous and divided very large earnings in dividends. Several of the companies had averaged from their creation over 16 per cent dividends. Six of them in 1884 upon a capital which had been increased by earnings, paid 18 per cent dividends, and upon the money in it would have been 25 per cent. As to the question of risk in that case the Court holds that it was reduced to a minimum, having a monopoly of the gas business in the largest city in America. The Urbana Ohio Water Works furnishes another case where the rate of return was adjudicated. In an opinion filed November 8, 1909, in the U. S. Circuit Court for the Southern District of Ohio, deciding two cases in equity, viz: No. 5773, C. H. Venner Co. vs. The Urbana Water Works, and No. 5805, Robert W. Kirby, Receiver, vs. The City of Urbana, Judge Thompson allowed on the value of the plant, in addition to operating expenses and taxes, one per cent for depreciation, one and eleven one-hundredths per cent for ad¬ ministration, and six per cent for interest, or interest and re¬ turns. This is in addition to operating expenses and taxes, 44 there was a total allowance of 8.11 per cent. The value of the property which was being operated without a franchise was in the judgment of the Court, $180,000, of which $25,000 was an allowance for going value. In considering the question of returns, under the heads of “Interest and Profits,” page 129, Antigo Water Case, the Rail¬ road Commission of Wisconsin say: “A mere physical plant, no matter how perfect or how well it is adapted to the purpose for which it is intended, amounts to but little unless it has or can ob¬ tain a paying business. Without business it is a dead mass intsead of a living concern earning profits. To have profits it must have business, or customers who avail themselves of the services it renders at rates that yield an adequate income.’' After discussing the question of interest on the invest ment, and pointing out that with public utilities generally it may legitimately vary over a range of 4 to 7 per cent according to the circumstances of the case, the Commissioners add: “In addition to the operating expenses, including depreciation and the amount actually paid as interest on the investment, there must also be some allowance for those who carry on the business and who assume all the risks and responsibilities connected therewith. This allowance is usually called profit and represents compensation for the work of managing the business, for the risks involved, and for certain other efforts.” Speaking of the Antigo Water Works plant specifically the conclusion is: “But while the plant under investigation has to pay rather high rates of interest, its financial condition seems to us fairly sound, and there is every reason to believe that it will greatly improve in the near future. Its earnings are on a comparatively sound basis and its securities would seem to be fairly well protected. It appears to us, that for interest and profits, when taken together, a surplus of about 7 per cent on the value of the plant and its business as here given, is probably sufficient to secure both the capital and the business capacity required, and this amount we therefore, at this time, regard as a reasonable return for these fac¬ tors in this particular case.” In the case of “State Journal Printing Co., et al., vs. Madi¬ son Gas and Electric Co.,” decided March 8, 1910, the Railroad 45 I Commission concludes, after an extended discussion of the sub¬ ject of returns, page 647: “In view of the facts that have thus been repre¬ sented in relation to this subject, it may be said that the witnesses for the respondent placed that part of the return on the investment which might properly be termed profits at rather high figures; and that un¬ der the circumstances in this case it is not unreason¬ able to limit the profits to from \y 2 to 2 per cent on a fair valuation of the electric plant. Such rates, in addition to an allowance of 6 per cent on each case for interest, would seem to be fair to the present owners, as well as sufficient to secure both the business capacity and capital that are required in this particular case. It would not be unreasonable to limit the returns for both interest and profit to not less than 7y 2 to 8 per cent on a fair valuation of the gas plant, and to not less than 8 per cent on a fair valuation of the electric plant.” In view of the foregoing decisions, and in consideration, of the circumstances and conditions under which the Peoria Water Works Company operates, and has operated its prop¬ erty, for twenty years, there would seem to be no warrant for concluding that less than 7 per cent on the fair investment value of the Company’s property would be admissible to cover the allowance for returns, under interest and profits. In considering the weight that should be attached to the decisions of courts touching specific rates of return, it must be considered that the questions which they are called upon to answer are quite different from those presented to an adminis¬ trative body such as the Wisconsin Commission, or to a legis¬ lative body, as a City Council, engaged in making a schedule of rates. The courts are not properly rate makers; their function in rate cases is generally to decide the constitutional question as to whether a specific rate fixed by some proper agency, is or is not, confiscatory. The view which a judge takes under such circumstances is dependent to a large extent, upon the doctrines which he holds relative to the freedom which courts should exercise in interfering with legislative acts. If he is a close constructionist he will be likely to let a much lower rate pass without interference than otherwise. And the fact that he may refuse to interfere in a particular case is no indication that he sustains the rate as being fair, or even as being proper from the standpoint of the official or legis¬ lator charged with initiating it. Such a judge is likely to hold 46 that the burden of fairness must be borne by the legislator or official, and that he, the judge, should only decide the question whether the property is being destroyed. Hence, if one is seeking precedents as to the proper rate of return, the highest, and the ones which should be given the greatest weight, are those originating with a body such as the Wisconsin Commission, who are not only specifically charged by the legislature to perform such functions, but who are also charged with the investigation of all public utilities of the state, and who reach their decisions after a full hearing of the facts involved in particular cases, and class of cases. The conditions are reversed when it comes to questions of principles which should control in finding the value of the property. It is pre-eminently the function of the courts to say whether the present value of the property should be found, or whether it should be the original cost. Also as to whether if costs are considered, it should be only as evidence, bearing on present values, or as constituting the values themselves. In some cases, as in the Urbana Water Works case, above referred to, the court is called upon to stand in the position of the maker of rates. Here the plant was in the hands of a re¬ ceiver of the court finding the rate of return, and the fairness of the rate was in question rather than the constitutional one of confiscation. NEEDED IMPROVEMENTS. Our attention has been called by the Mayor to the fact that as the Water Works plant is now built and operated, the city is dependent on but one main pipe for a continuity of supply. It is true that the reservoir when well filled, holds in re¬ serve a sufficient quantity to bridge over two or three days. But water from the reservoir must reach the city through the same pipe that conducts the direct supply from the pumps. A break occurring anywhere in the 30-inch main feeder over a distance of 9,600 feet, would shut off the water supply com¬ pletely. We are informed that the Board of Underwriters objects seriously to this condition of affairs. Without doubt their objections are well founded; there should be another main that will give two distinct feeder lines from the pumping station to the most remote parts of the dis¬ tribution system. It is apparent that if possible the new main should follow an entirely new route that will command the high territory of the city, now insufficiently supplied, while at the same time 47 feeding the down town territory, and aiding in the equalization of pressures in all parts of the city. The present distribution system labors under the disad¬ vantage, as relates to the property above the bluffs, that the main feeder follows low lying streets running parallel with, and rather near to the river, and must distribute the water from the lower levels to the higher, over a considerable distance. The new main should be located so that it will reverse the process as much as possible. It should skirt the northern and western city limits, following those streets which are unpaved and without pipes where possible, and it should feed the 16-inch main, that now supplies the'bluff levels, at two points. A personal examination was made of the territory that such a main would be likely to traverse, from some point below the reservoir to the southwesterly city limits. By the information thus obtained, and with the aid of a large scale distribution map, a route has been approximately located, and is shown on a small map filed herewith and marked Appen¬ dix IV. Starting with the pumping works, another 30-inch main, is proposed, following parallel with the old one and connecting with the 30-inch branch to the reservoir at Galena road and Harvard avenue. The reservoir pipe is thence followed to some point below the reservoir, say Browm avenue, from which a new 30-inch main leads westerly and southwesterly, striking Prospect avenue at its intersection with Hill avenue. Thence it follows Prospect avenue and McClure avenue to Peoria avenue. At this point, a 20-inch branch main leads south on Peoria avenue, to Illinois avenue, where it connects with the present 16- inch feeder main. At McClure and Peoria avenues, the main is reduced to 24- inch, and continues west on McClure avenue, following Eliza¬ beth street, Nebraska avenue and Bourland avenue to Main street, where it again connects with the present 16-inch feeder main. Here it reduces to 20 inches diameter and leads west on Main street, following Institute place, Bradley avenue, Western avenue, Millman and Bush streets, to Lincoln avenue. Thence reduced to 16 inches in diameter, it follows Berrian, Antoinette and Griswold streets to a connection with the Adams street main. While not absolutely necessary, it will be very desirable to cross connect the present 16-inch bluff feeder with the Jeffer¬ son street main along Fayette and Hamilton streets, as shown on the map, Appendix IV. 48 THIS SECOND FEEDER MAIN as described is made up of the following lengths and sizes: 12,600 feet of 30-inch 15,000 feet of 24-inch 13,550 feet of 20-inch 7,600 feet of 16-inch 48,750 feet total, or 9^4 miles. The estimated cost is $220,000. Class A pipe above the bluff. Class B pipe below the bluff. ANOTHER NEEDED IMPROVEMENT is the extension of subsidiary water mains generally into built up territory, where there is property to protect and buildings to be supplied. While no survey has been made to determine in detail the amount of pipe needed to render the distribution system fully adequate for fire protection and private service, it is believed from the examination made, and the lengths of mains found requisite in cities of a similar class, that 20 miles, in addition to the feeder main, will not more than fill the reasonable require¬ ments The cost of .such mains, approximately, will be $6,500 per mile, including hyrants and valves, or $130,000 in all. In this connection it should be remembered that up to July, 1910, the total mileage was only 102.6, and that with the pro¬ posed new feeder mains, and 20 miles of subsidiary mains, there will be but 132 miles in all. Also, that for eighteen years, since 1892, only 27 miles have been laid, and the distribution system has consequently fallen much behind the needs of the city. AN ADDITIONAL PUMPING UNIT of 12,000,000 gal¬ lons capacity should be provided. The cost of such a unit will depend largely on the character of the service which it will be expected to render. If it is to be merely an emergency pump, it will cost very much less than if it is to take the burden of the work. On the supposition that the present pumps are to be used for emergencies, a new 12,000,000 unit set and housed will be likely to cost not less than $40,000, and it may cost more, de¬ pending upon the type of machine adopted. IF THE POLICY OF METERING ALL HOUSE SER¬ VICES is adopted, as is proposed in this report, under the head of ‘‘Water Consumption and Meters,” there will be not less than 12,000 meters to install within three years, and not less than 2.000 new service pipes to lay. 49 The meters should not be estimated at less than $12.50 apiece in place, which will make the total cost for meters, $150,000. The service pipes will be likely to cost $15.00 a piece, or $30,000 in all. A SUMMARY OF THESE NEEDED IMPROVE¬ MENTS is as follows: 9.25 miles of main trunk feeders.$220,000 20 miles of subsidiary mains. 130,000 One 12,000 gallon pump. 40,000 12,000 meters set. 150,000 2,000 service pipes. 30,000 Total .$570,000 While this estimate can only be considered approximate, it may be assumed to substantially represent the improvements that ought to be made to the Peoria water plant by the end of the year 1913. THE NECESSARY REVENUE TO CARRY THIS AD¬ DITIONAL INVESTMENT must come from the following sources: 1. Increase in hydrant rentals because of the increased mileage of water mains. 2. New consumers on the lines of the new mains. 3. An increased number of consumers on the lines of the present street mains, due to the natural growth of the city, and to the gradual connecting of houses not now using water. 4. The abolishment of the free list of water takers, and the turning of what is now a continual loss, into an equally con¬ tinuous revenue. 5. As new meters are set, and houses now having meters are put on a new scale of rates, the latter should be so fixed that the meter service will carry itself. That is, one element of the meter rate should be made to cover the extra expense of opera¬ tion incurred by their introduction, as well as the interest and renewals on the meters. This will reduce the investment for which general provi¬ sion must be made, to $420,000. IT IS CONFIDENTLY BELIEVED THAT THE AG¬ GREGATE ADDITIONAL REVENUE derived from the sources named, will be fully adequate to carry this extra invest¬ ment. But even if some other provision, as an increase in the pub¬ lic service revenues should have to be made, the matter is of such importance as to fully warrant an extra exertion. 50 ' The reduction, or keeping down of insurance rates, would seem to justify, if necessary, a rate, higher than the ordinance for hydrant rentals on new extensions. THERE ARE IMPORTANT OFFSETS TO THIS IN¬ CREASED INVESTMENT, which should not be lost sight of. If meters are adopted for general and compulsory application, as is recommended under the heading “Water Consumption and Meters,” probably the expenditure of at least $100,000, immedi¬ ately necessary for an additional water supply if meters are not installed, will be postponed for fifteen to twenty years. Also, even if a new feeder main is not put in, all or nearly all of the additional 29 miles must be provided in some fashion, in the very near future. If this is done without an adequate feeder system, such as the one proposed, at least 28 miles of subsidiary mains would be necessary, and they would of neces¬ sity average of larger size than the 20 miles of subsidiary mains proposed in connection with the new feeders system. Hence the saving would not be very great, while the loss which the city would sustain by an inefficient and unsafe system would be enormous. NEW PUMPS WILL BE MUCH MORE IMPERATIVE if the system is not metered than if it is, and to place the pumps on the same scale of capacity and safety under each alternative, they will have to be at least 25 per cent greater in size if meters are not used than if they are. The non-use of meters will for this reason tax the boiler capacity to a much greater extent than their use. CONSIDERING THIS QUESTION AS A WHOLE, AND AT LARGE, it is not at all likely that the adoption of universal metering, and carrying out the plan for an additional and independent main, will increase the burden of the invest¬ ment that would otherwise have to be borne, more than a trifle. If meters are not introduced and the large main not laid, the following approximate expenses would stare the com¬ pany in the face at any rate: 28 miles of mains at $7,500.$210,000 New water supply. 100,000 15,000,000 gallons pumps. 50,000 2,000 services . 30,000 Total .$390,000 If they are introduced and the meters are made to carry themselves, the increase investment to be provided for would be.. 420,000 Difference of investment for which revenue must be provided .$ 30,000 51 When a city, and the water plant that serves it, has reached the scale of development that Peoria has, there is nothing to be gained in makeshifts, or in drifting with no definite goal in view. THERE IS AN IMPORTANT AND FUNDAMENTAL PRINCIPLE that water works managers lose sight of in their desire to postpone what they may consider a dead, or partially dead investment in the extension of water mains into new terri¬ tory, which is, that if a territory has been built up without water mains, the householder invariably provides cisterns, or wells with pumps, to enable him to live. If after this has been done, a water main is laid in front of his house, he may or may not connect therewith. Or if he does connect, years may pass be¬ fore he does so. If, on the other hand, the main had been there when the house was built, and the water furnished was potable and filled his needs, ninety-nine chances out of one hundred, he would have provided no wells and cisterns, but would have become a customer at first. This principle is verified by the company’s bill asking for an injunction in the rate case, where complaint is made of the slowness with which householders become customers, and that when they do, many of them want to use the water works as a makeshift, only paying for enough water to fill their cisterns from time to time. Had the water mains been accessible from the first, the cisterns might never have existed. WATER CONSUMPTION AND METERS. The Peoria Water Co. took over the city plant October 31, 1889, and operated it until the early part of 1892, after which the supply came entirely from the new works. These were officially tested June 3 and 4, 1892, and accepted July 25 following. During 28 months, October 31, 1889, to February 21, 1892, while the old works were in operation, the average daily supply as shown by the pumping records, was 3,330,000 gallons. For the year June 30, 1892, to June 30, 1893, the first year of operating the new works, the average daily supply was 2,628,000 gallons, which for a population of 46,000 gives a con¬ sumption of 57 gallons per capita per day. For the year June 30, 1909, to June 30, 1910, the last year of operation, the average daily consumption was 7,435,000 gal¬ lons. With a population of 73,000 as representing Peoria and the adjacent villages, supplied by the Peoria Water Works Com¬ pany, the consumption was 102 gallons per capita per day. This increase of water used per capita from 57 gallons, to 102 gallons daily in eighteen years, is not indicative of increased 52 waste, or even of increased consumption, rated on the actual users of water. The daily average consumption for each service pipe in the system, January 1, 1893, was 804 gallons, and for January 1, 1910, it was 718 gallons, which tends to show that relatively to the number of actual users of water, a reduction is taking place in consumption. Appendix V. is a diagram giving a graphic representation of water consumed, service pipes, and miles of street mains, with reference to population. It shows that though after July 1, 1892, the pipe mileage has not kept pace with population, the number of services have grown from 70 per one thousand of population, to 142. The same law appears from an inspection of Appendix II. It is then a demonstrated fact, that notwithstanding the average daily supply of water has increased in seventeen years from 2,628,000 gallons to 7,435,000, and the daily per capita con¬ sumption from 57 to 102 gallons, there has been no actual in¬ creased wastage relatively, or increase in the use of water per actual consumer. This does not signify, however, that there is not a large unnecessary wastage and use, which may be greatly reduced by the general use of meters. The consumption at the present time is about as follows, as shown by the latest records: Gallons. Daily average for the year ending June 30, 1910. 7.435,000 Daily average for month of maximum consumption (June, 1910) . 9,046,000 Maximum consumption for single day (June 30, 1910). 10,688,000 The maximum consumption for a single day to August 12, 1910, was for July 9.12,458,000 THE EFFECT OF A GENERAL METERING of all water services cannot, of course, be foretold exactly, but that it would profoundly affect the consumption and waste of water cannot be doubted. Meters have been introduced extensively in many cities of comparatively large size, and the results have been beneficial to such a degree, that the advisability of their use in the most of water works plants is no longer seriously questioned. It is not to be inferred, however, that the advantage derived from their use is equal in all plants, and that there are not cases where the time has not arrived for their general introduction. There are, however, no cities where they should not be used for certain classes of service. In this connection it should be observed that there are other causes operating in many cities to keep down the water con- 53 sumption, the results of Avhich are often erroneously attrib¬ uted to meters. The very low consumption in many European cities and in some American cities is sometimes largely due to a great number of consumers being supplied through a single service pipe, and without discrimination in drawing inferences from water works data, meters may be given the credit for ajow rate of consumption for which they are only partially the cause. Though meters have come into general use in water works of a certain class, they are not supplied universally in the largest cities, such as New York, Chicago, Philadelphia, St. Louis and Boston. In some intermediate sized cities, such as Cleveland and Milwaukee, they have been generally installed. The best evidence of their effect in these and other smaller cities, is a comparison of water consumption before and after they have been generally installed. Years MILWAUKEE. 1892. 1909. Population.167,700 365,000 Total number of service pipes. 12,212 61,589 Total number of meters. 871 51,120 Per cent of services metered. 7.1 83.0 Number of service pipes per 1,000 of popula¬ tion . 73 169 Daily average consumption of water, thou¬ sands of gallons. 17,900 36,100 Daily average consumption of water per capita gallons . 106 99 Daily average measured through meters per capita gallons. 59 Daily average consumption of water per ser¬ vice gallons. 1,464 586 In seeking for the effect of meters in Milwaukee, it will be observed that though only 7.1 per cent of the services were metered in 1892 as against 83 per cent in 1909, there has been but a small decrease in the water consumed per capita, while under nominal conditions with meters there should have been a reduction of nearly one-half. This is accounted for by the fact that in 1892 there were' only 73 services for 1,000 of population, and a consumption of 464 gallons of water per service, while in 1909 there were 169 services per 1,000 of population, and a consumption of only 586 gallons of water per service. This indicates that if there had been as many services for 1,000 of population in 1892 as in 1909, the amount of water per capita in 1892 would have been at least twice what it was, or to express it in another way, if meters had 54 not been introduced, it is probable that the consumption of water in 1909, instead of being but 99 per capita, would have been in the neighborhood of 200 gallons per capita. ears CLEVELAND. 1901. 1908. Population .411,200 519,000 Total number of service pipes. 55,130 74,490 Total number of meters. 3,540 69,733 Per cent of services metered. 6.4 93.6 Number of services per 1,000 of population. .. 134 143 Daily average consumption of water, thou¬ sands of gallons. 69,600 52,000 Daily average consumption of water per capita gallons . 169 100 Daily average measured by meters, per capita gallons . 77 Daily average consumption of water per ser¬ vice gallons. 1,263 698 As will be observed in the case of Cleveland, the effect of meters is clearly marked. A reduction in consumption of 69 gallons per capita or nearly 41 per cent having occurred in seven years, notwithstanding the fact that the number of services per 1,000 of population has increased but slightly. The apparent difference between Cleveland and Milwaukee in this regard is obviously due to the fact that the Cleveland 1 plant was 48 years old in 1901, and hence had developed its busi¬ ness nearly in proportion to the size of the city at that time, while the Milwaukee plant was but 18 years old in 1892 and had not developed its business in such proportion. In the latter case the development of business in proportion to population was in progress while meters were being intro¬ duced, while in the former this was true in only a minor degree. Y ears COLUMBUS, OHIO. 1900. 1907. Population .125,560 164,700 Total number of service pipes. 14,556 24,975 Total number of meters. 4,656 19,016 Per cent of services metered. 10.2 76.5 Number of services per 1,000 population. 116 134 Daily average consumption of water, thou¬ sands of gallons . 24,400 16,300 Daily average consumption of water per capita gallons . 194 99 Daily average measured by meters per capita gallons . Daily average consumption of water per ser¬ vice gallons. 1,676 652 55 Columbus shows a reduction in seven years in the per capita consumption of 95 gallons, or over 49.0 per cent, notwithstand¬ ing the fact that there was considerable development of busi¬ ness relative to population occurring while meters were being- introduced. y £3,rs MINNEAPOLIS. 1904. 1908. Population .250,120 297,400 Total number of service pipes. 26,444 33,500 Total number of meters. 11,044 25,493 Per cent of services metered. 41.7 76.1 Number of services per 1,000 of population.. 106 113 Daily average consumption of water, thou¬ sands of gallons . 19,400 17,800 Daily average consumption of water per capita gallons . 73 60 Daily average measured by meters per capita gallons . 21 32 Daily average consumption of water per ser¬ vice gallons. 694 521 For an American city, Minneapolis has a small number of service pipes per 1,000 of population in both years compared, which partly accounts for the comparatively low water consump¬ tion per capita. Meters must be given credit for a considerable part of it, however. Y g^rs ST. PAUL. 1896. 1909. Population .151,100 209,560 Total number of service pipes . 14,792 28,062 Total number of meters. 1,546 13,628 Per cent of services metered. 10.5 48.06 Number of services per 1,000 of population. . 97 134 Daily average consumption of water, thou¬ sands of gallons. 8,600 11,700 Daily average consumption of water per capita gallons . 57 56 Daily average measured by meters per capita gallons . 10 19 Daily average consumption of water per ser¬ vice gallons. 583 417 The effect of meters in keeping down water consumption in St. Paul is shown by the fact that the water used per capita remained practically stationary for three years, during which time the number of services per 1,000 of population was in¬ creased more than one-third, the metered service in 1909 being less than 50 per cent. 56 Y Gcirs LOWELL, MASS. 1898. 1909. Population . 91,500 95,100 Total number of service pipes. 10,396 12,307 Total number of meters. 4,865 9,465 Per cent of services metered. 46.9 76.9 Number of services per 1,000 of population... 113 129 Daily average consumption of water, thou¬ sands of gallons. 6,700 5,200 Daily average consumption of water per capita gallons . 73 55 Daily average measured by meters per capita gallons . 20 28 Daily average consumption of water per ser¬ vice gallons. 644 426 The effect of meters is very marked in Lowell, as a material reduction in the water consumed per capita has taken place, while a material increase of services per 1,000 of population was occurring. Y ears FALL RIVER, MASS. 1880. 1909. Population . 48,900 106,400 Total number of service pipes. 2,685 8,216 Total number of meters. 1,583 8,197 Per cent of services metered. 59 98.5 Number of services per 1,000 of population.. 55 78 Daily average consumption of water, thou¬ sands of gallons. 1,400 5,300 Daily average consumption of water per capita gallons . 28 50 Daily average measured by meters per capita gallons . 24.5 Daily average consumption of water per ser¬ vice gallons. 508 642 Fall River is an example of a city that used meters in con¬ siderable numbers from the beginning. In 1874, the first year of operation, there were 7.5 per cent of the services metered, and in 1876, the third year of operation, there were 35 per cent of the services metered. In 1880 the business of the plant was in an undeveloped state, and there were very few services to each 1,000 population, hence the low consumption per capita. By 1909 the number of services per 1,000 of population had increased 42 per cent, but still remains at the extremely low number of 78, which represents about 12.9 of population to the service. 57 The low consumption per capita which has always obtained in Fall River, considering that it is a large manufacturing city, is not altogether due to meters. A considerable part of it must be ascribed to the large number of consumers for each service pipe. Years MADISON, WIS. 1890. 1908. Population . 13,246 27,610 Total number of service pipes. 1,355 4,601 Total number of meters. 441 4,538 Per cent of services metered. 32.5 98.6 Number of services per 1,000 of population. . . 102 166 Daily average consumption of water, thou¬ sands of gallons. 520 1,700 Daily average consumption of water per capita gallons . 38 61 Daily average measured by meters per capita gallons . 26 Daily average consumption of water per ser¬ vice gallons. 384 368 Madison shows a low consumption of water per capita, par¬ ticularly in 1890, considering there were 102 service pipes per 1,000 of population. And considering the character of the city, with thousands of inhabitants attending the university that do not appear in the census returns, the consumption per capita in 1908 shows the effect of meters in keeping it down. This case furnishes a marked example of the effect of an increase of services per 1,000 of population to carry with it in¬ creased rate of consumption per capita. Here the services per 1,000 of population grew in eighteen years nearly 63 per cent, in spite of which and in spite of a large percentage increase of meters relative to service pipes, the water consumption per capita was 60 per cent greater in 1908 than in 1890. The foregoing eight cities comprise all at present available that permit of a comparison of the progressive effect of meters on the consumption of water. Other data, however, confirms and reinforces the results shown. A comparison of Cleveland and Milwaukee with other lake cities, as to the water used per capita, and the per cent of meters in use, is very significant. 58 Per Cent Daily Av, of Services Gallons City. Year. Population. Metered. Per Cap Cleveland . .1908 519,000 93.6 100 Milwaukee .... .1909 365,000 83.0 99 Chicago . .1908 2,050,000 3.9 228 Detroit . .1908 430,000 9.0 180 Buffalo . .1909 467,000 4.0 323 Erie . .1908 63,600 2.3 200 Saginaw . .1908 50,000 4.5 177 When it is considered that Cleveland and Milwaukee are large manufacturing cities, certainly as much so in proportion to population as Detroit and Buffalo, it is fair to conclude that their consumption of water would have been twice what it is, if meters had only been used for say, 4 per cent of the services. APPLICATION OF METERS TO PEORIA WATER WORKS. As has been seen, the average daily consumption of water at Peoria was 7,435,000 gallons per day for the year ending June 30, 1910, or 102 gallons per capita per day, allowing 73,000 as the population of the city and adjacent villages supplied with water. The services January 1, 1910, were.10,239 Meters in use. 371 Per cent of services metered. 3.6 Number of services per 1,000 of population. 142 Experience shows that cities of the class of Peoria, if sup¬ plied with a full quota of water mains, with its business well de¬ veloped, would have on an average probably 170 or more services per 1,000 population, and with the present relative amount of meters the consumption would have been greater than 102 gal¬ lons per capita. The question is, what consumption per capita would Peoria have had if it had been generally metered? And what is it likely to have in the future if meters should be installed? The Des Moines, Iowa, water plant, owned by a public ser¬ vice company, has 139 miles of street mains, and on January 1, 1910, had 13,906 service pipes and 13,008 meters, giving 93.5 per cent of metered services. The consumption of water was 52 gal¬ lons per capita for the year 1909, with an estimated population of 86,415. On a corrected estimate based on the 1910 census, it was 54 gallons per capita. 59 The water is furnished to the city with about the same pressure as at Peoria. In the report on the New York supply made to Bird S. Coler, Comptroller, by John R. Freeman, in March, 1900, such data with relation to the effe'ct of the use of meters on the consump¬ tion of water as was then available, was collected and analyzed. From this data a curve was constructed which was intended to represent the mean consumption of water per capita wdth vary¬ ing ratios existing between the number of meters installed and the number of service pipes. The second column in the follow¬ ing table represents the gallons per capita per day taken from Freeman’s curve, while the third is intended to be applicable to Peoria, after mains have been extended: jnt of Metered Gallons per Estimated Gallons per Capita per Services. Capita Daily. Day, Peoria. 0 250 155 2.5 180 135 5.0 150 120 7.5 130 112 10.0 115 105 15.0 100 98 20.0 90 94 25.0 82 90 30.0 78 86 40.0 70 81 50.0 65 78 60.0 62 74 75.0 58 70 90.0 56 67 100.0 55 65 The Freeman curve can only be expected to represent the law of variation in a general w r ay, and is very little aid in de¬ termining the water consumption in any particular case. As has been seen, the meters in use in Peoria are 3.6 per cent of the total number of services. This would represent a consumption of about 160 gallons per capita by the Freeman curve, but, as a matter of fact, the consumption is only 102 gal¬ lons per capita. If the water service w^as developed to the amount of 170 services or more to 1,000 of population, the present consumption, instead of being 102 gallons, might have been at least 125 gal¬ lons per capita. Making all the comparisons possible with the foregoing data, and particularly comparing with Des Moines, where the con¬ sumption was 54 gallons per capita in 1909, on a population cor- 60 rected for the 1910 census, it is believed that if the Peoria works were now metered to the extent of 95 per cent of the services that the consumption would not have exceeded 60 gallons per capita per day, and that after the mileage of street mains is brought up to 132 and the business well developed, that the consump¬ tion is not likely to exceed 65 gallons per capita per day under a condition of 100 per cent of services metered. In the third column of the foregoing table, giving the rela¬ tion between the per cent of services metered and the consump¬ tion of water per capita per day, is an estimate of this relation for the Peoria Water Works based upon the meter data col¬ lected, which is intended to apply to Peoria after its business shall have been developed commensurately with a distribution system of not less that 132 miles of street mains, and with ap¬ proximately 170 services per 1,000 of population. On the basis of the relation shown, the following table gives the population it is possible to serve, and the year when an aver¬ age available supply of 6,500,000 gallons of water per day will be exhausted: Per cent of Services Metered. 25 50 75 100 Year When Population Which Present Supply Can be Served. Will be Exhausted 72,200 1911 83,300 1917 93,000 1924 100,000 1930 The limit of the present daily supply is fixed at 6,500,000 gallons per day to guard against a year of excessive drought. The actual average daily consumption for the year ending June 30, 1910, was 7,435,000 gallons, and for the year ending December 31, 1910, it is likely to be over 7,500,000 gallons. The maximum daily consumption for the year being probably that of July 9, when it reached 12,458,000 gallons. A new well will be put into operation soon, which is likely to increase the supply for such a year as the present one, in ex¬ cess of 500,000 gallons, bringing the total daily average supply to more than 8,000,000 gallons. In using 6,500,000 average daily supply for a year of drought a 20 per cent reduction is made over such a year as the present one. For these reasons and because the water consumption is in¬ creasing rapidly at present, being 20 per cent greater per capita for the year ending June 30, 1910, than it was one and one-half years earlier, there seems to be no question that meters should be applied promptly and universally in Peoria. The special conditions affecting the water supply seem to render this policy imperative. 61 COST OF INSTALLING AND MAINTAINING METERS. In 1904 Edward W. Bemis, Superintendent of the Cleveland Water Works, in a paper before the American Water Works Association, gave the experience in Cleveland in setting and maintaining meters as follows : Total number ^-inch meters set to date, 13,407. Average cost of meters and connections.$ 6.50 Average cost of setting, including vaults and basins. 6.87 Total in place.$13.37 Average cost of maintenance: Reading and clerical work.$ 1.10 Repairs .10 Interest and depreciation, 8 per cent on $13.37. 1.07 Total maintenance ...$ 2.27 Data contained in the report of the Cleveland Water De¬ partment for 1908, shows that the average cost of setting 64,148 ^-inch meters to that date, and the cost of maintaining them for the year 1908 was as follows: Average cost of meters and connections.. . .$ 6.49 Average cost of setting, including vaults and basins. 8 75 Total in place .$15.24 Average cost of maintenance, 1908: Reading .$ .57 Repairs .11 Interest and depreciation, 8 per cent on $15.24. 1.22 Total maintenance .$ 1.90 No clerical work other than the mere reading of the meters is included in the maintenance account for 1908. Considering this data as a whole, it is fair to take the cost of maintaining ^-inch meters in Cleveland at $2.00 per meter per annum. In the report on the New York water supply hereinbefore referred to, John R. Freeman estimates the cost of furnishing and setting meters for that city, with a force of men working systematically, for domestic sizes ^ and ^-inch, at.$12.50 Average cost all sizes.15.00 Cost of maintenance all sizes, including interest, $2.50 per meter per annum. 62 This estimate is not very different from the Cleveland ex¬ perience. In Cleveland they use many large brick basins outside of the houses, which makes the cost of setting much higher than it; would otherwise be. Peoria would doubtless get along with less expensive housing for the meters, so that the cost of installation would probably be less than in Cleveland. On the other hand, the reading and clerical work, and the repairs, are likely to be some¬ what higher in Peoria than for Cleveland. A safe price for Peoria is believed to be $12.50 for setting all sized, and $2.00 per annum to cover all expense of reading, repairs, renewals and interest. REASONABLE RATES. Under the head of returns, the conclusion was reached that 7 per cent per annum on the proper investment value of the plant would be a minimum to allow for interest and profits, or more properly, interest and compensation for use of capital and ser¬ vices in caring for the capital, and the risks incurred in the conduct of the business. It has also been determined that the fair value of the prop¬ erty of the Peoria Water Works Company as of January 1, 1909, was $2,150,000. This brings us to the concrete problem of reasonable rates, as specifically applied to the Peoria Water Works. There are four phases to this question; 1. As to whether the earnings of the Company as a whole yield an excessive profit, considered with reference to the invest¬ ment and the operating charges, and as compared with the cost incurred my municipalities which furnish their own supply. 2. As to matters of fair rate adjustment between private consumers, and the proper proportion of the whole revenue which should be derived from private sources, compared with that paid by the municipality for public service. 3. As to questions of reasonableness to the consumer, viewed abstractly, and as compared with the cost of individual service in other cities, but without regard to the amount of the investment and cost of operation. 4. As to reasonableness of the Peoria rate ordinance, as affecting the income of the Company if applied literally. The first phase of the question is best covered by a com¬ parison between the revenue of the Company and the operating expenses plus the proper return, as follows: 63 Revenue for Year Ending December 31, 1908. Revenue from city .$ 47,470 Revenue from private sources. 177,538 $225,008 Expenses and Fixed Charges. Operating expenses, 1908, exclusive of taxes and depreciation, and reduced $8,016 be¬ cause of unusual contingent expenses.$ 75,600 Depreciation being that annual sum which placed at compound interest at 4 per cent equals $1,950,000 in 46 years . 15,000 Taxes . 15,000 Returns, being 7 per cent for interest, ad- Defieiency .$ 31,092 This showing is on the plant as it existed on Janu¬ ary 1, 1909. Since that time considerable money has been ex¬ pended in extensions of water mains and improvements at the pumping station. Just how much is not known. As appears under the head of “needed improvements,” there should be expended $570,000, more or less, upon the water plant, within the next three years. There are other tests that can be profitably applied to de¬ termine whether the earnings of the company as a whole a r e excessive, and as to whether the city is being better or worse served with a public service corporation than other cities who operate their own plants. Appendix I is a tabulation of the operating and investment data of thirty-nine water works plants owned and operated by municipalities that are supplied by pumps, in cities that range from approximately 25,000 population to 240,000 population. The average population being 85,000 per city, as compared with 73,000 population served by the Peoria water works. The following table contains the consolidated mean operat¬ ing data of these thirty-nine water works plants compared with the Peoria water works plant. 64 Means and Means and Averages Averages of the Peo. of 39 Mun- Water Wks icipal Plant Dec. Water Wks 31, 1908 Plants Age of plant in years . 17 33 Population . 70,120 84,995 Water pumped, millions of gallons per annum 2,171 2,924 Gallons, per capita, per day. 84 94 Head on pumps in feet. 315 212 Miles of street mains. 99.3 133 6 Number of services .. 9,040 12,760 Number of meters . 288 6,832 Total investment.2,150,000 2,435,582 Investment per mile of mains. 21,651 18,226 Investment per capita . 31 28 Private revenue, annual. 177,538 205,073 Private revenue per service. 20 16 Private revenue per capita. 2.53 2.41 Operating expenses, without taxes. 75,600 79,172 Operating expenses, per cent of revenue. 42 38 Cost to city of public service, $47,500 hydrant rental less $15,570 taxes, equal. 31,930 Cost to cities of public service, 6 per cent on $2,435,582 is $146,135, plus $79,172 operat¬ ing expenses, less private income $205,073, equal . 20,234 Cost to city for public and private service. . . 209,468 225,207 Cost to city for public and private service per capita . 2.99 2.65 In stating the cost of public service to the city of Peoria the taxes paid by the Water Company are deducted from hydrant rental, on the theory that this is necessary to compare with municipal plants, upon which no taxes are paid. To obtain the cost of public service rendered by the munic¬ ipal plants, 6 per cent has been allowed on the investment, to cover interest, depreciation and renewals, as also any expenses which are incurred by the cities in connection with the water works, that does not appear in the operating expenses. When it is considered that the Peoria water plant has lagged behind in the amount of pipe mileage, that it pumps the water twice, and to a total height averaging 50 per cent greater than the plants with which it is compared, and that in comparing the cost of the service for the thirty-nine plants only 6 per cent, in¬ cluding depreciation, interest and contingencies have been charged, the comparison is favorable to the Peoria plant. With municipal plants the consumer almost invariably pays for ser¬ vices, and generally meters. If these outlays in construction 65 were added it would bring the investment for the municipal plants to over $32 per capita. Such detail comparisons of individual plants operating- under varying conditions of water supply, prices of fuel and material, and having different rate schedules, may be often mis¬ leading and seldom conclusive. But they are always interesting and instructive, and if the investigation has been given sufficient scope and covers a sufficiently wide field, conclusions of great value can be drawn. They are desirable as tending to discover some standard by which the fairness of the income of a plant can be approximately determined in advance, and serve as a steadying and standardiz¬ ing element in matters of this kind. THE SECOND PHASE OF THE QUESTION of fair rates is important only as it may affect some new schedule which it may be proposed to adopt, and in aiding in the proper adjustment of revenue from private sources, and from the city. Speaking generally, it is believed that the proportion paid by the city at the present time is as nearly equitable as any that can be desig¬ nated. As between private consumers there are two cases of dis¬ crimination which appear plainly on the face of the analysis made by the Pratt Company. One is the free list. It appears that in accordance with the provisions of the franchise, free water is furnished to a large number of public and private institutions. In a new schedule of rates this free list should be abolished, and the service put on a reasonably paying basis. Appendix VI is a list of institutions, public and private, that pay no revenue. The Company’s estimate of the amount and value of the water consumed per annum, at present meter rates, is given as $14,000 a year. On a properly adjusted scale of rates, there is little doubt but what this free supply would amount to considerably more than that sum. While such a free list prevails, the lowest rates cannot be looked for by private consumers. If one set of consumers get their water free, another set must eventually bear the expense, or it must be done by the city in its official capacity. Another apparent discrimination is in the case of 198 resi¬ dences furnished through meters. By the showing of the auditor the income from these residences that are metered, if put on the flat fixture rate basis, would be $6,360, while as a matter of fact, they are only paying about $2,970, the differences being the measure of the advantage which these few resident owners de¬ rive which is not participated in by the householders generally. 66 The data is not at hand to show whether other cases of un¬ fairness between private owners exist or not. The income of $33,642 derived from 173 metered business establishments was not analyzed by the auditor, so that ques¬ tions of discrimination in this list cannot be raised, if they exist. During the year 1908 the water sold through meters in the business establishments then having meters was 425,101,845 gal¬ lons, or an average of 1,164,000 gallons per day. The total met¬ ered water for that year, including 191 residences, was 439,- 678,000 gallons, an average of 1,204,600 gallons per day. It is not important that questions of unjust and unequal rates should be extensively gone into, if the purpose of this in¬ vestigation bears fruit in a new schedule and new regulations. THE THIRD PHASE OF THE QUESTION of reasonable rates involves an inquiry into the rates and amounts paid by in¬ dividual consumers. The audit of the rating cards made by Edward A. Pratt & Co., show that the Company’s domestic service consists of sup¬ plying water to 8,394 residences, which are classified as follows: 748 residences paying an average of $4.00 per annum. 715 residences paying an average of $5.00 per annum. 544 residences paying an average of $6.00 per annum. 1,110 residences paying from $6.01 to $10.00 per annum. 1,947 residences paying from $10.01 to $15.00 per annum. 1,219 residences paying from $15.01 to $20.00 per annum. 1,913 residences paying over $20.00 per annum. 198 residences with meters paying an average of $15.00 per annum. Same 198 residences at fixture rates would pay an average of $32.00 per annum. 8,394 residences all at flat fixture rates would pay an aver¬ age of $14.69, or a total of $123,307. The average number of rooms charged for in the 8,394 resi¬ dences is 6.42. In a paper presented to the American Water Works Associa¬ tion, 1908 meeting, on water rates charges in 375 cities, D. R. Gwinn gives the leading detail domestic fixture rates for 162 privately owned water works plants, and 213 publicly owner water works plants. The rates given cover baths, water closets, wash basins, sprinklers, and the basic charge for a 6-room house, 5 persons, or first faucet. Also the maximum and minimum meter rates. Accompanying these tables is a summary of the averages for each group. These averages omitting meter rates are given in the following table with the corresponding Peoria rates. 67 Summary of Average Fixture Water Rates for 375 City Plants, Compared With Peoria Rates. 162 213 Privately Publiclv ✓ Peoria Owned Owned Plant. Plants. Plants. Domestic use in 6-room house, or 5 persons, or first faucet. $ 6.00 $ 6.83 $ 6.04 Bath additional. 3.00 3.88 2.99 Water closet additional. 3.00 3.69 3.12 Wash basin additional. 1.50 1.94 1.55 Sprinkler for lot 50x140 feet, not in- eluding street and sidewalk front . in 6.17 4.37 Sprinkler for lot 50-140 feet, includ- • ing street and sidewalk in front. . 6.00 $19.50 $22.51 $18.07 Average population (1900) . 56,100 25,437 85,382 When it is considered that the larger the city, everything else being equal, the less the rate should be, and the less it gen- erally is, the rates for the 162 privately owned plants do not? average out of proportion to the 213 publicly owned plants. The average population of the latter group being more than three times the population of the first group. Giving consideration to the same factors, the Peoria rates are seen to be about the same as for the municipal plants and less than for the private plants. The group of cities having municipal plants given in the . paper referred to, contains nearly all the cities found in Ap¬ pendix 1. And since these cities have been used for a compar¬ ison in a broader way, it is instructive to compare them with Peoria inv the matter of rates in the same manner as the fore¬ going 375 cities. The fixture rates for only 31 of the 39 cities referred to are available, so the following table contains details and averages of this number only. A summary of averages is given at the foot of the table and compared with Peoria on the basis of populations corresponding to the dates in Appendix I, for the 31 cities, and with 1910 for Peoria. 68 Table of Fixture Rates of Thirty-One Municipal Water Works Plants compared with Peoria. CITIES Domestic use 6 rooms or 5 persons or 1 faucet Bath hot and cold • Water Closet Basin Sprinkling 50ft.xl50ft. lot and street Total Louisville, Ky. $4.80 $4.00 $2.40 $ .80 $6.00 $18.00 Kansas City, Mo.. . . 5.05 3.90 3.70 7.50 20.15 Providence, R. I. 6.00 5.00 5.00 2.00 5.00 23.00 • St Paul, Minn. 4.00 2.00 3.00 3.00 12.00 Columbus. Ohio. 5.00 5.00 4.00 5.00 19.00 Memohis. Tenn. 6.00 5.00 5.00 10.00 26.00 Richmond, Va. 5.00 3.50 3.00 1.50 9.60 22.60 Dayton, Ohio. 4.00 2.00 2.50 2.00 5.00 15.50 Nashville, Tenn. 9.00 4.00 5.00 2.31 20.31 Fall River, Mass.. . . 5.00 5.00 5.00 2.50 6.00 23.50 Grand Rapids, Mich. 5.00 2.00 4.00 5.00 16.00 Lowell, Mass. 6.00 3.00 4.00 1.00 3.00 17.00 Wilmington, Del. 5.00 3.00 2.00 1.00 5.00 16.00 Lynn, Mass. 5.00 3.00 3.00 1.00 4.00 16.00 New Bedford, Mass.. 2.50 2.50 2.50 1.25 2.50 11.25 Lawrance, Mass. 5.00 3.00 4.00 3.75 15.75 Houston. Tex. 12.00 3.00 6.00 3.00 24.00 Manchester, N. H.. . 4.50 2.00 2.50 .75 5.00 14.75 Erie, Pa. 4.00 3.00 3.00 1.00 3.45 14.45 S Mostly Brockton, Mass. 5.00 4.00 4.00 1.50 Harrisburg, Pa. 8.00 4.00 4.00 2.50 4.00 22.50 ( metered Ft. Wayne, Ind. 4.40 3.20 2.40 2.40 12.40 Allentown, Pa. 3.75 1.25 2.00 2.00 9.00 Saginaw, Mich. 7.00 2.00 3.00 3.00 15.00 McKeesport, Pa. 8.00 7.50 7.50 8.00 31.00 Binghampton, N._ Y. 3.00 3.00 3.00 1.00 3.00 13.00 Topeka, Kan. 6.00 5.00 3.00 7.50 21.50 Rockford, Ill. 5.00 2.00 2.50 5.00 14.50 Taunton, Mass. 5.00 3.00 5.00 2.00 5.00 20.00 Waltham, Mass. 5.00 2.00 3.00 1.00 6.00 17.00 Poughkeepsie, N. Y.. 3.50 1.50 2.00 .75 5.00 12.75 Mean of 31 cities.. .. $5.37 $3.30 $3.58 $1.48 $4.90 $18.63 93,484 Pop. Peoria rates. $6.00 $3.00 $3.00 $1.50 $6.00 $19.50 73,000 Pop. It will be observed that considering differences of popula¬ tion the rates at Peoria are as low as for the 31 cities contained in the table. The Peoria rate ordinance provides that the minimum fix¬ ture rate for dwellings shall be $4.00. This should be con¬ sidered in connection with the foregoing comparisons with 69 other cities, which are on the basis of a six room house, which is the minimum probably in the majority of cases. The foregoing comparisons show that as relates to flat or fixture rates, the private consumer has nothing to complain of, and that these rates are reasonable viewed from any standpoint personal to the consumer. THE FOURTH PHASE OF THE SUBJECT relates to the reasonableness of the water works ordinance as affecting the income of the Company. The Peoria ordinance provides, concerning meter rates, as follows: “When the daily consumption is 1,000 gallons or less, the charge to be at the rate of 20 cents per 1,000 gallons.” “When the daily consumption is more than 1,000 gallons, on the excess over 1,000 the charge to be at the rate of 6 cents per thousand.” The minimum meter rate for a single premises is $3.00. As stated above, the 198 residences under meter, which are among the largest in the city, are getting their water service for about $2,970, which at the flat or fixture rate, would cost $6,360, and it is pretty well settled that the fixture rate is none too high. If meters were generally applied under the present ordin¬ ance the revenue from residences would be enormously reduced. With a minimum rate of $3.00 many of the houses now pay¬ ing from $4.00 up to probably $15.00, would be reduced to the minimum revenue of $3.00 per annum, and the Company would have the meters to maintain besides. Many other houses would also sustain a large reduction, no one can tell how much or how many, except as indicated by the rates for the 198 houses now having meters. If the Peoria plant had been completely on a meter basis in 1908, it is estimated that the average consumption would have been 4,500,000 gallons per day approximately, or say 1,642,- 500,000 gallons per year. The question is, what proportion of this water consumption would have been measured, and sold, if the plant had been metered 98 to 100 per cent? That is, stating it in reverse order, what would have been the combined waste and unmeasured con¬ sumption, compared with that measured? There are many ways for water to disappear, or to ap¬ parently disappear. For the most part, the amount of water alleged to have been consumed in water plants is ascertained by pump meas- 70 urement. The amount reported may be based on pump dis¬ placement, or on pump displacement less some assumed per¬ centage allow for slip. Either method introduces an unverified factor at the be¬ ginning. There may be, and generally is, a material quantity that passes through the meters that is not recorded. Sometimes this becomes a large item, amounting to several per cent. Leaky street mains, and service pipes, particularly the latter, are a fruitful cause of wastage. In all cities a considerable quantity of- water is used in flushing sewers, for watering troughs, sprinkling streets, flushing hydrants, and mains, and other purposes, particularly in the building trades, and for extinguishing fires. Considering how variable these factors must necessarily be in different cities, it is no wonder that there is a widely varying ratio between the water metered and unmetered. The following statement furnishes some information rela- tive to the ratio between the total water consumed and that which is recorded by meter for a number of cities: Daily con- Per cent Per cent sumption of Services of Water Year. Per Capita. Metered. Metered. Yonkers, N. Y.... .1908 101 100.0 51.2 Brockton, Mass. ., .1909 36 99.2 72.2 Madison, Wis. .1909 61 98.6 42.6 Fall River, Mass.. .1909 50 98.5 49.0 Cleveland, Ohio. .. .1908 100 93.6 77.0 Milwaukee, Wis... .1909 99 83.0 60.0 Lowell, Mass. .1909 55 76.9 50.9 Lowell, Mass. .1898 73 46.9 27.4 Minneapolis, Minn .1908 60 76.1 53.5 St. Paul, Minn. . . . .1909 56 48.6 34.0 St. Paul, Minn. . . . .1896 57 10.5 17.7 Detroit, Mich. .1908 178 9.0 30.0 Buffalo, N. Y. .1909 323 4.0 20.3 Peoria, Ill. .1908 84 3.6 20.2 The great lack of uniformity of ratios for different cities shows disturbing elements that make it practically impossible to deduce any law which can be said to express the relation be¬ tween the water measured by meters, and the total water con¬ sumed, as compared with the number of services having meters and the total number in use. Taking the five cities having over 90 per cent of the services metered, and obtaining a mean of the ratios in each of the two columns of ratios, and it appears 71 \ that for a mean of 98 per cent of services metered, there is corres¬ ponding mean of 54.4 per cent of water measured through meters Yonkers, N. Y.; Fall River, Mass., and Madison, Wis., are three cities with a high ratio of services metered, but with a low ratio of water metered. It is fair to assume that the amount of water supplied is in error in these cases. The record of water consumed in Peoria is believed to be more carefully determined than is usual. Also the consumption per capita is small for a city with so few meters. It is noticeable that there is over 20 per cent of the water metered, while only 3.6 per cent of the services have meters. All these facts indicate no unusual waste for an unmetered plant. It is believed that it is safe to assume that if the plant was metered, two thirds of the consumption would be measured through the meters. That is, for every two gallons measured and sold, three gal¬ lons would have to be pumped, and that of the foregoing 1,642,- 500,000 gallons per year, only 1,095,000,000 gallons would have been revenue producing. The operating expenses for 1908, not including fixed charges, but including taxes and depreciation, would be, allowing 9,000 meters at $2.00 per annum, about $123,000 per annum.' To pay this will take approximately 12 cents per 1,000 gallons. Less than one-half of these operating expenses would be influenced by the amount of water pumped, so that it is safe to say that if no additional investment should be needed, 5 cents per 1,000 gallons would prevent an actual loss. But even 10 cents per 1,000 gallons would contribute nothing to fixed charge, and would not carry its full proportion of operating expenses. An 8-cent minimum rate could only be defended in case there was a large business which could be had for this rate, which would be lost otherwise, and the Company had more water than could be used by other consumers. The 6-cent rate of the ordinance is entirely too low under any condition. Speaking generally, no water plant similar to the Peoria one can operate on the meter rates as they stand in the ordinance, hence they may be said to be not only unfair, but impossible. 72 s PROPOSED CHANGE OF WATER RATES. In the foregoing discussion of reasonable rates, it has be¬ come apparent that the fixture rates, or the so-called flat rates, of the Peoria Water Works Ordinance, are not too high, and cannot be considered unreasonable from any point of view. The con¬ clusions with regard to the effect of meters on the consumption of water, in view of the necessity that the Company faces, of either curtailing the waste of water, or of increasing the supply, has lead to the farther conclusion that the policy of putting all the Company’s business on a meter basis should be adopted, and the shift from flat or fixture rates, to meter rates, made as rapidly as possible. The final adoption of this policy, with the prompt application of meters at a rate to put the whole city on the new basis by the end of 1913, will do away for an indefinite period with the neces¬ sity of an increase in the water supply, or of the pumping capac¬ ity, except as relates to a duplicate equipment. Such a program also renders a revision of the fixture rates in the ordinance unnecessary, except as may relate to certain deficiencies or omissions which experience has shown to exist. Nor will a general reassessment, or relisting of the consumers be necessary, except as it accompanies the proposed change to a meter basis. Notwithstanding the material and permanent advantages which will undoubtedly be derived from the general adoption of meters, the change cannot be made without danger to the revenue of the Company, if the rates are based wholly upon the quantity of water measured through the meters themselves. Nor can any scale of meter rates based wholly on quantity give justice between different classes of consumers, or even be¬ tween individual consumers of the same class. Indeed, it must be confessed that no schedule of rates that can be devised, will in all cases bring exact justice. The best that can be done will be but an approximation. The approximation may, however, be closer, if certain principles are followed than if they are ignored. SOME CONTROLLING PRINCIPLES IN RATE MAKING. Many of the early and present advocates of the use of meters, urged as one reason for their adoption that it would enable water to be sold at a uniform price to all consumers, thus preventing, as was alleged, any discrimination. The argument being, that to' 73 have different rates for different quantities used, was in effect to discriminate between individuals and classes of consumers. Water, it was contended, is a commodity, and one consumer should not be charged more for a like quantity than another. This reasoning lead to the adoption of what may be termed “Flat Meter Rates,” as in the cities of Cleveland and Milwaukee, where there is only one price per unit, for whatever purpose water is used, or in whatever quantity served. Notwithstanding such fallacies have controlled in the shap¬ ing of rates in some cases, the analogy instituted between the product dealt out by a public utility, and ordinary commodities sold in the open market, does not hold on critical examination. The product of a public utility does not consist of a dis¬ engaged thing, or commodity. It is not gas, or water delivered in a bushel measure that is sold, but gas or water delivered, con¬ tinuously or intermittently, at the will of the user, at a particular spot, under pressure. When no draught is being made it is at hand ready to be drawn on the instant. This “being always at han$,” and “ready for use,” is the larger part of the service, rendered by a public utility. In other words, paradoxical as it sounds, the principal service of a public utility is being ready to serve. When a city contracts with a public service corporation for fire protection, it is not for a given amount of water delivered on order, as so much coal, but it is for a given amount to be delivered under pressure on momentary demand, without notice. This can only be done by an expensive plant conducting the water to all parts of the city, and always kept under pressure. Though it were not called into use for weeks at a time, the fixed charges and expenses would remain practically the same. So completely does the “service of being ready to serve” overshadow the direct product furnished for extinguishing fires, that if the water actually used was paid for by the gallon at what it costs, the price would be astounding. As a matter of fact, when conditions are analyzed, the most valuable of service is rendered for long periods without the use of a drop of water. Automatic sprinkling systems installed where there are valu¬ able goods and other property to protect, may run, and do run for years without any water escaping therefrom. But they are ren¬ dering service just the same, by furnishing protection, and by the reduction of insurance rates. Many business establishments put in expensive systems of their own, and maintain pumping plants at continuous expense, for no other purpose than to secure a re¬ duction in fire insurance rates. Then who shall say that the “Readiness to Serve” may not, in many instances, be the most valuable service rendered? 74 The same reasoning applies in a considerable degree to all kinds of service rendered by a public utility. There is scarcely an exception. If all water works plants had been built solely for fire pro¬ tection, as have a number of special systems of late years, water would not have been sold by quantity. The service would have been gauged in some other manner. Water works however, were and are usually built to meet a great variety of needs, with some of which the quantity is a large if not a controlling element. But even with these at first, con¬ sideration of quantity did not wholly control, for the fixture rate, made without regard to quantity, is more of a readiness to serve charge than otherwise. It was only with the development of a successful meter that the element of a quantity charge was emphasized. The first tendency of meter advocates was to get as far away as possible from the original practice. Hence the flat meter rate based upon enthusiasm rather than any well considered plan. Such rates have not secured general favor, being obviously unsuited to the most of water works plants. Only in large cities, where the cost of supplying water is relatively small, or where the plant has mostly been paid for by taxation or past earnings, so that rates can be fixed as low, or lower than the usual mini¬ mum scale, are flat meter rates possible. And even then they are only possible by making one class of consumers pay for service rendered to another class, or by the municipality as a whole meeting the inequality. This statement is well illustrated by the experience in Cleve¬ land, which is the most conspicuous example of the application of flat meter rates on a large scale. After the process of setting meters had been in progress from two to three years, and 25,000 meters were in use, in 1904, Edward W. Bemis, Superintendent, presented a paper to the American Water Works Association, containing an analysis of the results they obtained as relates to the use of metered water. He found after taking out 3,000 business meters and those that had not been in use more than a year, that there were left 16,820 house meters. Of these, 5,770, or about one-third, were using water at the average of 56 gallons per day, and 5,550, also about one-third, were using water at the average rate of 155 gallons per day, and 5,550 were using water at the average rate of about 660 gallons per day. Another analysis made the following year and contained in the New England Water Works Association for 1905, of 26,000 meters, not including business meters, showed a consumption per meter as follows: 75 y\ of the total number, or 6,500 residences, averaged. 62 gallons per day ]/ 2 of the total number, or 13,000 residences, averaged. 83 gallons per day And 34 of the total number, or 6,500 resi, dences, averaged.104 gallons per day With the Cleveland minimum readiness to serve rate of $2.50 per annum, and a meter rate of 5 1-3 cents per 1,000 gallons, the following would be the yearly charges for houses using varying quantities of water: 50 gallons per day.$ 3.47 per annum 100 gallons per day. 4.45 per annum 150 gallons per day. 5.42 per annum 200 gallons per day. 6.39 per annum 300 gallons per day. 8.34 per annum 400 gallons per day. . 10.27 per annum 500 gallons per day. 12.22 per annum In the same paper Mr. Bemis gave the cost of setting and maintaining 16,800 £4-inch meters in use at that time, the details _ of which will be found on page 62 of this report. From the 1908 report of the Cleveland Water Department, the cost of setting and maintaining 64,149 ^4-inch meters has been obtained, which will also be found on page 62. These data show that $2.00 per annum covers all meter costs in Cleveland, including interest. Two dollars taken off of the revenue for each metered house leaves the contribution of that house toward the operating, de¬ preciation and interest fund, on all of the plant except meters. The minimum rate of $2.50 applies to all houses using 5/^- inch meters, whose annual assessment rate is under $9,00, but just what numbers would be included in this rate, out of 64,149 houses, is not known, though it must amount to many thousands. If the water used in such houses remains the same as in 1905, then there would be many thousands of houses that would contribute less than $2.00 a year apiece to this fund. The works had cost to the end of 1908, $11,876,195, the bond¬ ed debt was $5,091,000, at 4 per cent interest, and the operating expenses, interest and sinking fund amounted to $588,327 per annum, to which, if 1 per cent depreciation is added, gives a total annual charge of $677,089. Total income from water rents, $953,055. It is evident that the occupants of these thousands of houses were not paying for their water service by a wide margin, and that some other group of consumers, or other agency, was. 76 Instead of a uniform meter rate great varieties of schedules have been devised and put into operation, so that it is scarcely an exaggeration to say that no two plants in the country have the same scale, or use the same basis for a scale. Meter rates, im¬ possible as it may seem, being much more variable, and less har¬ monious than schedules of fixture rates. As it would take much time with no corresponding benefit, to go into the details of meter rate schedules now in use, it will be sufficient to say that maximum rates vary from 4 to 60 cents per 1,000 gallons, and minimum rates from 2 to 30 cents, with all conceivable intermediate combinations of rates, and unthinkable annual minima. This babel of rates, and the lack of any consistent guiding principle in their making, has been recognized for years by water works managers, and efforts have been made to develop some plan that makes an approach to uniformity, and that can be made generally applicable. Probably the most intelligent effort in that direction was made by the New England Water Works Association, which re¬ sulted in a report of a committee of which Freeman C. Coffin was chairman, made in 1905, and published in the proceedings of the Association for that year. The report as finally submitted takes the form mainly of certain suggestions to be observed in fixing meter rates. The committee concluded that it was undesirable to attempt to fix a scale of rates because it would be impracticable to devise a scale that would meet with general adoption or adaptability. It was thought possible, however, to arrive at some basis for a scale that would be applicable to any particular plant, due consideration being given to the special conditions prevailing with the plant. The more important requirements of a method for arranging meter rates the committee held were: That it should insure a sufficient revenue to meet the oper¬ ative and financial demands of the plants. That it should be flexible so that the rates may be easily changed in case of a deficiency or surplus of income. That the method should allow of the use of meters upon services with a single faucet without increase over the faucet rate, except for actual use or waste of water. That it should secure from large houses with a full line of fixtures, a sufficient amount to meet the proportional fixed charges of the plant even if little water is used. The committee suggested two methods that it was thought would measurably meet these requirements. One of the methods proposed, called the “Frontage Assess¬ ment” method, is based upon the frontage of the lot or premises occupied by the buildings being served. 77 The other, called the “Multiple Minimum Rate” method, is founded on rates giving the right to the installation of the vari¬ ous kinds of fixtures or apparatus to be used on the premises. Each method is expected to provide a revenue, not affected by the amount of water used, and which will cover a material part of the necessary annual outlays, and is really in effect the establishing of a “Readiness to Serve” charge accompanied by a quantity meter rate. Something akin to the “Frontage Assessment” plan was adopted by Chicago when the water works were put into oper¬ ation. It combined frontage assessment with fixture rates, as well as with meter rates. The fixing of a minimum rate based upon some feature of the plant or premises served, has been, and is used extensively in various plants, particularly for the purpose of bridging over the hazardous period of change from a fixture to a meter rate basis. When Cleveland began in 1901, the radical policy of uni¬ versal metering, at the most rapid rate ever known, minima, or readiness to serve rates, were adopted to lessen tne risk involves. For all premises supplied by meters larger than ^-inch a minimum cnarge at the rate of $10.00 per annum was made. For premises having ^-inch meters, there were four mini¬ mum charges. When the annual charge under the old fixture rate assess¬ ments was $4.00 and under, the minimum was $2.50 per annum; when it was $4.00 to $6.00, the minimum was $4.00 per annum; when it was $6.00 to $10.00 it was $6.00 per annum, and when it was over $10.00 the minimum was $8.00 per annum. The flat meter rate additional to these minima was 40 cents per thousand cubic feet, or 5 1-3 cents per thousand gallons to all classes and kinds of customers. Since that time, these mini¬ ma for ^g-inch meters have been abolished, and others substi¬ tuted, except the lowest one of $2.50 per annum, which has been made to apply to all cases where the annual assessment rate does not exceed $9.00. Some water works managers advocate, and some have adopted a varying scale of minima, based on the size of meter. It is very common for water companies to make an annual charge for installing and maintaining meters, based often on the size of the meter. Some municipalities do the same, as for in¬ stance, Milwaukee charges one dollar a year. This charging for meters can serve no mwoose that cannot be served by establishing minimum rates that will include the meter expense, unless, indeed, it disguises the charge so that the consumer does not realize that it is a part of the water rates. 78 But whatever basis is adopted, or reason given for minimui.i rates where water is furnished by the quantity, they are in the last analysis, merely a “readiness to serve” charge, and the almost universality of their use, in one form or another, amounts to a unanimous recognition of the necessity of some factor in meter rate schedules that does not vary with the quantity of water. METER RATE SCHEDULE FOR PEORIA. The concrete problem at Peoria is to devise a plan which will minimize the risk of the revenue attending a radical change from fixture rates to meter rates, and that will the most equitably and automatically apportion this revenue among the consumers, and be as simple as possible in its application and operation. No plan that has been proposed or suggested, commends itself as being entirely adapted to the conditions. Out of a total of 9,454 residences, and small business houses, only 198, all residences, have meters, 9,256 of them being on room and fixture rates, which are probably as fairly scaled as is prac¬ ticable. We have a detailed analysis of the fixtures and rooms for which charges are made in each of these 9,454 houses, with a classified summary of the same. In view of the information contained in the foregoing dis¬ cussion, and much that it was not practicable to introduce, there seems no fairer way than to use “rooms and fixtures” as a basis for a scale of “readiness to serve” minima. In effect this would take into account that element which the Committee of the New England Water Works Association sought to introduce by the “Frontage Assessment” method. The rooms of any house being the substantial equivalent of the lot frontage, and the kinds of fixtures used, measurably representing the character of the improvement. The effect of using rooms and fixtures as a basis, is some- , what analogous to combining the “Frontage Assessment” method and the “Multiple Fixture” method. In fact, it is be¬ lieved that the number of rooms is a better factor than the front¬ age of the lot occupied by the house. Another consideration that commends this proposed basis for the minima, is the fact that before meters were invented, practice had recognized fixtures as the universal factor for which charges should be made, so that they may be said to be funda¬ mental in rate making. As has been heretofore noted, when meters came to demand consideration, they directed the attention of water users, and water purveyors to the commodity idea, and temporarily at least 79 the fixture, and the idea for which it stood in water rate sched¬ ules was obscured. The report of the Committee of the New England Water Works Association is evidence that it is demanding considera¬ tion even in meter rate schedules. It is not thought advisable that minimum charges should be varied with the number of fixtures of a given kind, installed in any house, nor that an attempt should be made to fix a minima for every kind of fixture or apparatus which may be used. It will be simpler and ought to bring just as good results, to include in the minimum rate schedule, in addition to the number of rooms, only the most important fixtures, or apparatus used in buildings, whether residences or business houses. That is, there would be only one minimum rate for baths, whatever the number used, the quantity meter rate being ex¬ pected to cover the multiplication of them. The minimum rates would be confined to the following items: Number of rooms, baths, water closets, wash basins, laundry sinks or tubs, and yard or street sprinklers. The following proposed rates are based upon 100 cubic feet of water instead of 1,000 gallons, 100 cubic feet being the equiva¬ lent of 750 gallons. THE PROPOSED NEW METER RATE ORDINANCE should embody the following provisions relative to the installa¬ tion and use of meters by the Peoria Water Works Company. On and after the passage of such ordinance the Company is to begin the systematic and compulsory installation of meters for all service pipes which have not already been metered, through which a permanent and constant supply of water is fur¬ nished. Meters to be applied first to manufacturing establishments and business houses of all kinds, including stores, saloons, res¬ taurants, office buildings, hotels and boarding houses. To stables and watering troughs that are kept running. To schools, churches, hospitals and public buildings, of all kinds, where the greatest saving of water can be effected. This work to be followed, and accompanied by the applica¬ tion of meters to private dwellings, in any systematic manner most conducive to economical working and reduction in water consumption. The operation of installing meters to be carried forward, without unnecessary interruption, at a rate sufficiently rapid to accomplish the complete metering of the city by December 31, 1913. 80 METER RATES TO BE PAID QUARTERLY. Water measured through meters shall be charged for as follows: For the first 400 cubic feet of water used through a single meter per day, at the rate of 15 cents per 100 cubic feet. For all water used through a single meter, in excess of 400 cubic feet per day, at the rate of 7.5 cents per 100 cubic feet. READINESS TO SERVE RATES shall be paid quarterly in addition to the foregoing meter rates, for all dwellings, board¬ ing and lodging houses, hotels, club houses, hospitals, office buildings, restaurants, stores, saloons, work shops, stables, and manufactories, and other establishments, whose annual charge, on the flat or fixture rate basis would not exceed $200.00 per an¬ num, as follows: A basic room rate of 20 cents per room per quarter, shall be paid, for all rooms in any building, served by a single meter, but not including closets and halls; and provided that stores, saloons, shops, and other buildings that consist of large rooms, shall be rated as having one room to each 300 square feet of floor space; and provided, that the quarterly room rate charge shall never be less than 80 cents for any building supplied through a single meter: Provided, further, that the foregoing room rate charge shall cover the use of a single faucet and sink, but no' other fixtures. All such buildings supplied through a single meter, shall pay in addition to the meter and room rate, a quarterly readiness to serve rate for the use of fixtures of each of the following kind, provided such fixtures are used: For one or more baths.50 cents water closets.50 cents wash basins.25 cents laundry sinks or tubs.25 cents lawn or street sprinklers.75 cents Provided that no readiness to serve charge shall be made for any other kind of fixtures or apparatus, or for keeping animals on the premises. And provided further that the amount of water at meter rates, charged to a single metered premises, shall not be less than 600 cubic feet per quarter. All other buildings, establishments, or premises, to which meters are applicable, and which are not properly classifiable under the foregoing “Readiness to Serve” schedule, are to pay meter rates only. 81 PROPOSED FLAT OR FIXTURE RATE PROVISIONS. In all cases where water is used that is not measured through a meter, the fixture rate shall be applied. It is proposed that the schedule of rates found in the original ordinance be re-enacted, with the following additions thereto: Wash basins.$1.50 per annum Each additional. 1.00 “ Laundry sinks or tubs.1.50 “ Each additional. 1.00 “ Washing machines. 4.00 “ Each additional. 2.00 “ Motor pump. 5.00 “ Heater, steam or hot water, in dwellings. 3.00 “ A rate should also be fixed for automatic sprinkling systems, and fire hydrants furnished on private premises, but before any attempt is made to do so, an analysis of the present charges foir such service as is now being rendered is required, and the basis upon which they are made should be fully understood. This is a problem that has been considered and frequently discussed by water works managers, but about which consider¬ able difference of opinion exists. All sides of the question should be canvassed before any final decision is reached, as there seems to be no unity of principles or practice in fixing such rates. The free water provisions of the original ordinance should be repealed. The foregoing scale of rates are put forward with the belief that they substantially cover the ground, and would meet the requirements at Peoria, but there are doubtless many ways in which they can be improved. Notwithstanding the invaluable work of the Auditor in fur¬ nishing a basis upon which to build, there are a number of things that should be more fully considered with the suggestions of the officers of the Water Works Company. It is believed that the plan and rates proposed, possess the merit of being easily and equitably raised or lowered by a change in the meter rate. 82 Appendix I. Statistics of Thirty-nine Municipal Water Works Plants Supplied by Pumps in Various Cities Having Populations of 25,000 to 240,000, / 83 Populations of 25,000 to 240,000. Private Revenue Reported Operating “3 NAME OF C Total Per Tap Per Capita Value of Public Service and Maintenance Expense M w O c « > 4)0 4) 9* *-iP4 X <0. weu's *Kansas City, IV $839,182 $22 $3.49 $211,900 $331,075 39 Louisville, Ky. 708,725 21 2.99 100,920 217,612 37 *Providence, R. 717,752 27 3.34 197,969 28 *St. Paul, Minn 368,990 13 1.76 142,835 83,210 22 *Columbus, Ohic 265,148 11 1.61 150,545 57 *Atlanta, Ga.. . 292,715 17' 2.06 202,141 140,565 48 Memphis, Tenri 373,787 21 2.74 25,000 192,467 52 Richmond, Va. 210,411 12 1.92 30,808 62,468 30 Fall River, Mas 210,975 25 1.98 44,740 60,605 29 Dayton, Ohio. 140,449 6 1.32 72,969 52 Grand Rapids, 175,290 10 1.65 12,275 58,908 33 Nashville, Tenr 241,151 19 2.32 51,725 104,538 43 Lowell, Mass.. 187,018 15 1.96 5,534 118,334 63 Wilmington, D 213,964 12 2.40 39,243 73,194 34 Lynn, Mass. . . 267,344 18 3.18 147,177 55 New Bedford, ' 218,803 19 2.67 56,806 26 Lawrence, Mas 122,835 18 1,67 72,591 59 *Houston, Texas 211,841 31 2.89 70,392 33 Yonkers, N. Y. 204,649 27 2.93 35,850 99,863 49 Manchester, N 131,023 19 1.91 21,275 34,561 26 Erie, Pa. 154,548 109,933 10 2.43 73,141 42,511 47 Brockton, Mas 14 1.76 32,000 39 Harrisburg, Pa 189,183 12 3.23 39,166 65,545 34 Ft. Wayne, Inc 91,300 8 1.72 35,966 39 Saginaw, Mich 83,754 11 1.61 24,476 39,540 47 * Allentown, Pa. 109,120 9 2.16 57,445 44,864 41 Pawtucket, R. 242,539 23 5.19 71,800 56,974 23 McKeesport, P 63,877 10 1.38 20,836 47,272 74 Binghamton, b 123,293 13 2.68 45,193 37 Topeka, Kan.. 80,911 15 1.85 30,360 37 Newton, Mass, 132,619 17 3.42 5,698 28,642 22 Rockford, Ill.. 68,450 9 1.80 29,286 43 Woonsocket, P 85,717 26 2.42 25,352 18,597 22 Taunton, Mass 78,555 15 2.54 33,575 42 Hamilton, Ohi 45,147 9 1.56 27,000 32,791 73 Waltham, Mas 86,614 23 3.04 39,088 45 Aurora, Ill.... 49,795 9 1.79 18,444 37 Madison, Wis. 41,122 9 1.49 26,177 64 Poughkeepsie, 59,359 14 2.28 33,891 57 Totals and m Averages.... $7,997,848 205,073 $ 16 $2.41 $3,087,706 79,172 38 * Cities repo: APPENDIX I. Statistic of Thirty-Nine Municipal Water Works Plants, Supplied by Pumps in Various Cities, having Populations of 25,000 to 240,000. NAME OF CITY Date of Report +-> a r < ant, January 1, 1909, $1,950,000 \T Going Value of Operating Plant Pi Annual Going Value Difference Present Worth of $1.00 with Present Worth of Annual < W >* RE 'harges Net Earnings Privat< n Interest of Net Earnings interest at 6% Going Value Con- struc’n Period 1909 1910 $181,5(1 185,1* .$ 5,000 10,000 $ 46,500 53,680 $.943 .890 $ 43,851 47,775 O) 1914 199,9^ a a) "d 11,440 120,980 .705 85,291 1915 203,6( -a % rj 4-> jj 21,090 113,510 .665 75,484 1916 207,2^ o 00-s 32,740 104,050 .627 65,239 p cr 1917 210,9'; ■Jj C 0^0 43,580 95,390 .592 56,470 n. 110,120 39,770 .442 17,578 o 1923 233,0* 128,261 23,820 .417 9,933 o 1924 236,7( s ^ r *-( r! 136,410 17,850 .393 7,015 1925 240,4^ <0 >-h o 143,060 13,380 .371 4,964 • rH u 1926 244,1* 149,210 9,420 .350 3,297 -Q O *0 o • tH u CD Ph APPENDIX III. Computation of Going Value of The Peoria Water Works Plant. Cost of Reproducing Physical Plant, January 1, 1909, $1,950,000. P4 w OPERATING PLANT REVENUE Private Public Operating and Investment Charges Expenses Taxes Depreciation Interest 1909 1910 1911 1912 1913 1914 1915 1916 1917 1918 1919 1920 1921 1922 1923 1924 1925 1926 1927 1928 $181,500 185,180 188,870 192,550 196,240 199,920 203,600 207,290 210,971 214,660 218,340 222,020 225,710 229,390 233,080 236,760 240,440 244,130 247,810 251,500 $47,500 47,500 a o Tl W W o ,rH a5 CL 3 *3 <3 03 > 4 * £ S •rt cd & S3 4-3 tf m p o a a cd ° u v ° o . f t 1 .2 S 1-4 cd 0 m . CL ^ H b ^ S O in * 43 *^ S 2^o 2 2 w 45 W 4-5 dD 2 a a 8'g 03 ° b 0 ^ a 43 bi5 ^ g a Net Earnings $ 41,500 43,680 *125,870 128,050 130,240 132,420 134,600 136,790 138,970 141,160 143,340 145,520 147,710 149,890 152,080 154,260 156,440 158,630 160,810 163,000 HYPOTHETICAL PLANT REVENUE Private Public Operating and Investment Charges Expenses Taxes 29,000 38.500 49,000 60,000 72.500 87,000 100,700 116,000 134,000 156.500 177.500 181.500 202.500 213.500 223,000 232,000 240,900 249,100 rtf in m O’" 1 ,TH - g-a O.G S CD ^ P 4-5 ^ b Cd .2 * 0 . u 0 a o 0 243 ^ 2 ^ o b^ in 53 O 0 0 43 4-5 u 0 4-3 2 r—< O 0 S 'Td cd 0 o w 45 4-5 0 0 *g 43 43 « 4-> 4-i O $40,000 42,850 45,710 48,560 51,410 54,260 57,120 59,970 62,820 65,680 68,530 71,380 74,240 77,090 79,940 82,790 85,650 88,500 $ 5,000 10,000 73 0 o g 'u cd . 0 m rtf CL , 0 0 43 3 45” ' O • t —1 m 4- 5 -t-4 0 b 5- 4 4-5 a o m cd m m O * rHI T3 53 cd u 2 a a a 3543 0 cd < 0 ^ T^ O 45 <4_t 53 O 0 0 43 4-> u 0 'o ±3 0 Depreciation Interest O m 2nd O 43 -s - d ^ CD c/3 4-5 wL-^‘g a 0 0*4^... • .—i n4 2 0 a 3 0 3 S_( V-4 ^5 4-5 £L 4-5 g 0 a o ^ 22 u CL a 0 S V- 4 o ic 8 a> 0) 43 4-5 0 0 43 J-l 0 cd 0 a cd in ° a *i 3 cd 0 m a js3 53 ^ 45 O in • rH • t“H p 0 m FH d-( • «-* 0 ^T-4 a c! ,rH cj Ofi d aj a o 4-5 m C3 O 0 0 43 44) CL 07 ? o 45 O cd 4 ^ 0 0 <1 0 ^ 43 o Going Value of Operating Plant Annual Going Value Difference of Net Earnings Present Worth of $1.00 with interest at 6% Present Worth of Annual Going Value Met Earnings $ 5,000 $ 46,500 $.943 $ 43,851 10,000 53,680 .890 47,775 $ 11,000 $136,870 $.840 $114,970 4,350 132,400 .792 104,861 3,290 126,950 - .747 94,831 11,440 120,980 .705 85,291 21,090 113,510 .665 75,484 32,740 104,050 .627 65,239 43,580 95,390 .592 56,470 56,030 85,130 .558 47,502 71,180 72,160 .527 38,028 90,680 54,840 .497 27,255 108,970 38,740 .469 18,169 110,120 39,770 .442 17,578 128,261 23,820 .417 9,933 136,410 17,850 .393 7,015 143,060 13,380 .371 4,964 149,210 9,420 .350 3,297 155,250 5,560 .330 1,834 160,600 2,400 .312 749 *The column for each plant headed “net earnings”, after the construction Total Going Value $865 096 period, contains merely differences between the expen secolumn and the private ' ’ revenue column, hence does not give the true net earnings, which could only be had by filling out the columns left blank. If this had been done however, the column headed “Annual Going Value, Difference of Net Earning,” would not have been changed. Appendix IV. Map of the City of Peoria, showing Pipe System con¬ nected with the Plant of the Peoria Water Works Company, with Proposed New Feeder Mains. On file in City Clerk’s Office. 95 Appendix V. Diagram Showing Population in Relation to Mileage of Street Mains, Number of Service Pipes, and Water Supplied by Months, as Given by Pump Displacement. On file in City Clerk’s Office. 97 Appendix VI I List of Consumers Furnished With Free Water. Estimated Amount of Free Water, 1908, and Value at Meter Rates, 20 and 6 cents per 1,000 Gallons, Made and Furnished by the Peoria W 7 ater W 7 orks Company. APPENDIX VI. List of Consumers Furnished With Free Water. Estimated Amount of Free Water 1908, and Value at Meter Rates, 20 and 6 Cents per 1,000 Gallons, Made and Furnished by the Peoria Water Works Company. CITY SERVICE. Gals. Per Year. Amount. City Hall . . 6,532,500 $ 443.05 Patrol House . . 900,000 105.10 10 Engine Houses. . 9,000,000 1.051.00 Emergency Hospital. . 276,000 45.20 House of Correction. . 2,700,000 213.10 Library . . 1,800,000 159.10 Lincoln Park. . 600,000 65.96 Morton Square. . 600,000 65.96 State House Square. . 600,000 65.96 Hamilton Boulevard . . 600,000 65.96 Armstrong Boulevard. . 600,000 65.96 20 Drinking Fountains. . 3,250,000 650.00 30 Watering Troughs. . 27,375,000 3,175.50 Flushing Sewers . . 36,000,000 2,202.00 Sweeping Streets. . 1,000,000 88.00 • 91,833,500 $ 8,461.85 COUNTY SERVICE. Court House. . 4,500,000 $ 321.10 Court House Lawn. . 600,000 65.96 County Jail . . 3,600,000 267.10 8,700,000 $ 654.16 MISCELLANEOUS SERVICE. Gals. Per Year. Amount. Home of Good Shepherd. . 2,820,000 $ 220.30 St. Joseph’s Home. . 2,800,000 219.10 Crittenden Home . . 360,000 72.00 Guyer Home. . 360,000 72.00 101 MISCELLANEOUS SERVICE—Continued Gals. Per Year Amount Proctor Hospital . . 4.462,500 318.85 St. Francis Hospital. . 6,262,500 426.85 35 Churches.. ... 4,200,000 840.00 1 High School. . 1,200,000 123.10 16 Grade Schools. . 12,800,000 1,585.60 Sacred Heart Academy.. . 800,000 99.10 9 Parochial Schools. . 3,500,000 669.90 39,565,000 $ 4,646.80 CITY USES. . 91,833.500 $ 8.451.85 COUNTY . . 8,700,000 654.16 MISCELLANEOUS . . 39,565,000 4,646.80 140,098,500 $13,762.81 383,000 Gallons AVERAGE PER DAY Appendix VII. Peoria Water Works Statistics. 103 APPENDIX VII. PEORIA WATER WORKS STATISTICS. Population served by Peoria Water Works plant 1910 . 73,000 Population served by Peoria Water Works plant 1908 . 70,120 Population of Peoria, 1870, U. S. Census. 22,849 Total water consumed 1908, gallons.2,171,000,000 Daily average consumption 1908, gallons. 5,905,000 Daily average consumption per capita 1908, gallons 84 Daily consumption for August 9 and 10, 1909, gal¬ lons . 10,000,000 Daily average consumption for year ending June 30, 1910, gallons. 7,435,000 Daily average consumption per capita 1910, gallons 102 Daily average for month of maximum consumption, Maximum consumption for single day, lune 30, 1910, gallons.‘. 10,688,000 Total head on pumps maximum, approximate. 315 Total head on pumps minimum, approximate. 280 3 Vertical Compound Duplex Worthington Pumps, capacity each, 7,200,000 gallons. 21,600,000 6 Heine 200 h. p. water tube boilers, h. p. 1,200 Storage reservoir capacity, gallons. 18,000,000 Length of street mains, 1908, miles. 99.3 Length of hydrant connections, 1908, miles. 2.9 Length of 30-inch main to reservoir, miles. 1.0 Weight of C. I. pipe, 1908, tons. 16,387 Weight of C. I. special castings, 1908, tons. 396.7 Number of valves in system, 1908. 1,729 Total number of fire hydrants, 1908. 1,273 Total number of services, 1908. 9,040 Total number of active services, 1908. 9,129 Total number of meters in use, 1908. 315 Length of street mains, June 30, 1910, miles. 102.6 Length of hydrant connections, 1910, miles. 3.0 Weight of C. I. pipe, 1910, tons. 16,715 Weight of C. I. special castings, 1910, tons. 404.9 Total number of fire hydrants, 1910. 1,308 Total number of services, 1910. 10,239 Total number of active services, 1910. 8,285 Total number of meters in use, 1910. 371 105 'V "V