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<br />" ~ <br />505 <br />. <br /> <br /> <br /> <br />-- - --. -- <br />- --- -- -. --. -- -_. --- - -- - -- ---- - -_..--_.. -- --- - -- ..~ -- <br />- _.. -_. - - . -. - - - - <br />.- .- --1 .--- --- -..'._ _'.n ___. ______ ______.__ _.___ ._____ ,_.___ __ _.___. _. <br /> <br /> <br />such findings are to be presumed to create liability. <br /> <br />I Although oblivious of the above described error contained in its ~~ <br />report the Public Service Commission nevertheless admits that its ap- ; <br />praisal basis was unsatisfactory. On page 14 of the report it is ~! <br />stated that there are several reasons for the figure $22,843.67. One <br />i s that <br />"The Commissioners' (P.S.C.} appraisal is higher than :~ <br />the ac tual co s t rec orqed." . '":: <br /> <br />Again, on page 21, where the P. S. C. states that the $22,843.67 <br />represents the excess of the appraised value of the water system over / <br />that shown on .the Water Board books. The P. S. C. goes on to say __ <br /> <br />"This difference ($22,843.67 may partially be accounted <br />for by the fact that in the construction of the plant, <br />through good management on the part of the V',ater Board <br />and its engineers, lower costs were maintained than those <br />determined as normal in the appraisal found in this re- <br />. port". . <br /> <br />. I They say that this is partially accounted for, but they do not <br />attempt to say what part. They question the accuracy of their own <br />figures. They say that the difference seems to arise from a pro- <br />bability (not a certainty) of a difference in appraisal of the Butte <br />property. It well may be. No two groups of engineers could be <br />found that would be able to arrive at the same appraised value Df <br />a property, with 6 years intervening between the appraisals, and no <br />two or three groups of appraisers could be found, anywhere, that <br />would set the same value on the Butte property in 1911, 1917, or <br />the present time. <br /> <br />The P. S. C. does not regard its appraisal as being any better <br />than the one made by other engineers in 1911. They say, on page 14, <br /> <br />llThe appraised value at which the Water Board took over <br />I the Water plant, exclusive of the Butte property, is <br />relatively lower than that found in this investigation". <br /> <br />And furtter, <br /> <br />uThe intended fairness of either appraisal should not be <br />questioned, although such differences are found to exist". <br /> <br />That is, they mean that one appraisal may be just as accurate as <br />the other. <br /> <br />The P. S. 8. appraisal of the water system in Eugene is the source <br />of much confusion in figures and values. The estimated values produced <br />by this appraisal did not agree with other appraisals, or check with <br />actual cost. The. P. S. C. report indicates that their engineers had <br />trouble determining the correct value of the water system. On page 13, <br />it says: <br /> <br />~- "The water utility presents some special difficulties in <br />.' its appraisalll. <br /> <br />On page 5, they say: <br /> <br />"Complete or conclusive records prior to the date of trans- <br />fer are not available, and analysis of cost must necessarily <br />be based, generally, on transactions since the establishment <br />of the Board administration". <br /> <br />And, again, on page 14 -- <br /> <br />uThere was no definite method of separating the distribution <br />system as between that installed by the Water Board, and that <br />turned over to the Board by the City Council. Consequently, <br />the distribution system was also appraised in its entirety". <br /> <br />I The above quotations prove that the Commission's appraisal has <br />no value, as establishing a claim against the WBter Board. <br /> <br />Entirely aside from the appraisal matter the question of Skinner <br />Butte valuation at $93,340.45 has been decided three times by the voters <br />of the city of Eugene, first in 1914 when they voted that the property <br />should be Bold by the Board to the city at specified price, which <br />constituted a bona fide sale. The sedohd time, in 1915 when they con- <br /> <br /> <br />.' <br />~ <br />