The State Department Reports of the State of New York, Volume 28, Issues 190-201

Front Cover
J.B. Lyon Company, 1923
Decisions of the Public Service Commissions, Board of Claims, and Education Department; opinions of the Attorney-General; rulings of the Secretary of State, Comptroller, State Engineer, Commissioner of Agriculture, Superintendent of Banks, Superintendent of Insurance, Civil Service Commission, Conservation Commission, Commissioner of Excise and State Tax Commissioners, etc., etc.; and messages of the Governor.
 

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Page 20 - A reasonable allowance for the exhaustion, wear and tear of property used in the trade or business, including a reasonable allowance for obsolescence.
Page 228 - The doctrine arose that the investors were entitled to receive the equivalent of a "fair return" on the "fair value" of the property "used and useful
Page 23 - If, however, a company fails to perform this plain duty and to exact sufficient returns to keep the investment unimpaired, whether this is the result of unwarranted dividends upon over-issues of securities, or of omission to exact proper prices for the output, the fault is its own. When, therefore, a public regulation of its prices comes under question the true value of the property then employed for the purpose of earning a return cannot be enhanced by a consideration of the errors in management...
Page 3 - ... the commission shall with due regard among other things to a reasonable average return upon the value of the property actually used in the public service and to the necessity of making reservation out of income for surplus and contingencies...
Page 23 - If a different course were pursued the only method of providing for replacement of property which has ceased to be useful would be the investment of new capital and the issue of new bonds or stocks. This course would lead to a constantly increasing variance between present value and bond and stock capitalization — a tendency which would inevitably lead to disaster either to the stockholders or to the public, or both.
Page 662 - No corporation constructing and operating a railroad under the provisions of this article, or of chapter two hundred and fifty-two of the laws of eighteen hundred and eighty-four, shall charge any passenger more than five cents for one continuous ride from any point on its road, or on any road, line or branch operated by it, or under its control, to any other point thereof, or any connecting branch thereof, within the limits of any incorporated city or village.
Page 297 - Almost all compositions contain words, which, taken in their rigorous sense, would convey a meaning different from that which is obviously intended. It is essential to just construction, that many words which import something excessive should be understood in a more mitigated sense — in that sense which common usage justifies.
Page 265 - ... plans are just and equitable to the other municipalities and civil divisions of the state affected thereby and to the inhabitants thereof, particular consideration being given to their present and future necessities for sources of water supply...
Page 22 - Before coming to the question of profit at all the company is entitled to earn a sufficient sum annually to provide not only for current repain, but for making good the depreciation and replacing the parts of the property when they come to the end of their life. The company is not bound to see its property gradually waste, without making provision out of earnings for its replacement.
Page 282 - A company which has failed to secure from year to year sufficient earnings to keep the investment unimpaired and to pay a fair return, whether its failure was the result of imprudence in engaging in the enterprise, or of errors in management, or of omission to exact proper prices for its output, cannot erect out of past deficits a legal basis for holding confiscatory for the future, rates which would, on the basis of present reproduction value, otherwise be compensatory.

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