The Project Gutenberg EBook of ASCE 1190 The Valuation of Public Service Corporation Property, by Henry Earle Riggs This eBook is for the use of anyone anywhere in the United States and most other parts of the world at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.org. If you are not located in the United States, you'll have to check the laws of the country where you are located before using this ebook. Title: ASCE 1190 The Valuation of Public Service Corporation Property Transactions of the American Society of Civil Engineers, vol. LXXII, June, 1911 Author: Henry Earle Riggs Release Date: February 24, 2016 [EBook #51298] Language: English Character set encoding: UTF-8 *** START OF THIS PROJECT GUTENBERG EBOOK VALUATION--PUBLIC SERVICE CORP. PROPERTY *** Produced by Richard Tonsing, Juliet Sutherland and the Online Distributed Proofreading Team at http://www.pgdp.net AMERICAN SOCIETY OF CIVIL ENGINEERS INSTITUTED 1852 TRANSACTIONS 1 Paper No. 1190 THE VALUATION OF PUBLIC SERVICE CORPORATION PROPERTY.[1] By Henry Earle Riggs, M. Am. Soc. C. E. With Discussion by Messrs. F. Lavis, Charles H. Higgins, S. D. Newton, William V. Polleys, C. P. Howard, J. E. Willoughby, Henry C. Adams, Carl C. Witt, R. A. Thompson, Charles H. Ledlie, William G. Raymond, W. H. Williams, P. E. Green, E. Kuichling, Richard T. Dana, George T. Hammond, Leonard Metcalf, Charles Hansel, J. Martin Schreiber, Clinton S. Burns, Halbert P. Gillette, Arthur L. Adams, C. D. Purdon, A. Mordecai, W. B. Ruggles, and Henry Earle Riggs. INTRODUCTORY. The industrial and economic development of the past two decades has opened many new lines of special work in the Profession of Engineering, none of which is more difficult and complicated or of greater ultimate value to the public at large than that of the appraisal or valuation of the property owned and operated by public service corporations; and none of the fields of engineering specialization requires greater care or calls for more skill, experience, integrity, or sound judgment. The individual engineer, or commission of engineers, entering upon an appraisal of large magnitude, particularly one including properties of more than one company, will find conditions varying in every one, and each property presenting new, complex, and confusing elements of value to pass upon and determine. Prior to 1900 there had been few calls on engineers for large appraisals, and the literature descriptive of engineering effort along this line was practically nothing. Since 1900 many extensive appraisals have been undertaken by States, by railroad and banking corporations, and by cities; certain well-defined lines of practice have been developed; many differing opinions as to certain methods and principles have been brought out; and enough has been added to the printed literature to enable one to compare methods of work and to fix with reasonable certainty upon some as correct, and to discard others as improper. There are so many complex factors entering into the problem of valuation, so many widely different plans have been presented, and there are so many thinking men who have opposed and do honestly and sincerely oppose any form of valuation, that a most thorough study of the subject should be made. It should be examined from all angles, and every possibility of danger from legislation regarding it should be weighed with utmost care. The question of railroad valuation, involving as it does the largest industry of the nation, naturally takes first place in such a discussion, but so many of the general principles of railroad valuation are applicable to the appraisement of corporate property, so many arguments have been advanced by engineers and others, and so many judgments of the Courts have been rendered in connection with water-works and gas-works valuations, that it is not desirable to limit this discussion wholly to the problem of railroad valuations. The reasons for requiring that valuations be made may be broadly divided into two general classes: First.—As a Matter of Public Interest.—The public, and particularly the investing public, requires valuations in order to guard against unworthy and dishonest corporation securities, to be assured that corporations are bearing their legitimate and proper share of the burden of taxation, and to furnish a proper basis for fixing equitable and just rates for the services rendered by the corporation. Under this class would come all appraisals made for information to be used as a basis for legislation relative to: (a) Taxation of Corporations.—Such were the valuations in Michigan and Wisconsin. (b) Rate Regulation.—This was the reason which prompted the work in Minnesota and Nebraska. (c) Limitation of Capitalization.—The regulation of issue of stocks and bonds was the purpose of the Texas valuation. (d) Fixing a Price for Sale.—Many of the water-works and electric light valuations were made in order to determine a fair price to be paid for the property at the expiration of the franchise. (e) The General Information of the Public.—To be used in connection with the fixing of terms for franchise renewals, etc., etc. Second.—As a Matter of Corporation Necessity or Expediency.—Valuations are made in order to guide large investors, to secure a safe and up-to- date basis on which to negotiate a sale, a purchase, or a reorganization of the property, or a consolidation with other like properties, and to secure justice to honestly administered corporations. The great majority of appraisals under this head have been in accordance with some other methods than those adopted in the State valuations. It is not intended in this paper to engage in any argument as to the various purposes of appraisals, or even to urge the necessity or desirability of a general appraisal of properties. An absolutely accurate and correct statement of the cost of reproduction of all the physical properties of the railroads of the country, a correct statement of the actual capital needed to reproduce these properties as they exist, and, along with this, a statement of the actual physical depreciation, would be a document of vital interest. This paper is confined to a discussion of the methods which should be used in arriving at a correct figure of cost of reproduction and depreciation—it does not take up questions involving the propriety of those figures when reached. The propriety or legality of using such figures as a basis for an assessed valuation, as a basis for rate-making (rate-making being an art in itself involving complications as great as those encountered in valuation), or any arguments as to the justice or injustice of legislation restricting issues of stocks or bonds, will be conceded no place in this paper. It is assumed that all these questions would have been taken up and a satisfactory answer reached before a valuation could have been ordered. The different elements of value in property, the relations of this property to the public, the method of determining the worth of these elements of value which have been adopted in the past by men engaged on valuation work, a comparison of these methods, a discussion of the objections that have been made to them, and a presentation, not only of the writer's views as to proper methods, but those in which he disagrees with usages adopted by others— these define the scope of this paper. No matter what particular end is to be served by a valuation, the commission engaged upon it will be asked to furnish a fair value, perhaps with reasonable limitations in the instructions, perhaps with a general and indefinite instruction to find the value. They will encounter, among other difficulties: First.—The fact that human machines are not exact duplicates, and that allowance must be made for a large measure of error, on account of the personal equation of the men engaged on the work, as individual errors of judgment are frequent on any work of magnitude. This personal element must be corrected by uniformity of method, by constant checking, and, as far as possible, by subordination of personality to system. Second.—The fact that human selfishness is a dominant quality—the railroad manager who opposes methods which he believes will increase values in an appraisal for taxation, or who, on the other hand, uses every possible argument to increase values if the work be as a basis for rate-making or for restriction of bond issues, or the State official who is desirous of using original cost on a valuation to be used for rate-making in order to keep the valuation down to a minimum, and the politician who depends on an unenlightened public opinion to create sufficient outcry to influence the work to his advantage—are all actuated by a perfectly human wish to attain ends which seem to them desirable, and are but typical of men who will endeavor to 2 3 4 influence every appraisal. In view of these considerations, it is a question whether results are not frequently affected by the knowledge of their intended use, and whether a system which will entirely remove such causes of error can be applied to the work. If an engineer, or a commission of engineers, is directed to examine a certain property and report the true cost of reproduction, depreciation, or present value, taking into account all facts connected therewith, the final figures should not differ, whether the report is to be used as a basis for reorganization, sale to another corporation, or is to be used by a State legislature as a basis for formulating a rate bill, or as a basis for a value for taxation. The result secured is a necessary preliminary on which depends the accuracy, fairness, and justice of the other work which is to follow. This is an engineering work, a statement of certain physical property, the estimated cost of reproducing it new, less the estimated depreciation, and, beyond the differences due to personal judgment, these figures may not vary. The word "value" is in common use, and yet, in the minds of many people, its exact meaning is vague. It is true that the "value" of a property is an unstable figure, subject to fluctuations due to natural or artificial causes, and that a material change in value may occur suddenly, but the "value" of any given property on any given date is, or should be, from an engineering standpoint, a definite sum which may not be varied or changed to suit the whim or will of the people for whom the work is done. In all the subsequent discussion of values and methods of obtaining values, it is assumed that, unless specifically limited to a determination of cost of reproduction and depreciation, a valuation commission should be governed by the following rules: 1.—No account may be taken of the purpose for which the resultant figure of value is to be used; and the result should not vary, no matter what that purpose may be. 2.—The resultant figure should be the honest judgment of the men composing the commission, as to the actual cost of reproduction, present physical value, or "fair value," and should be ascertained by a systematic and scientific method which takes into account all the facts concerning the property, its physical value, its strategic location, its operating revenues and expenses, and its franchises, rights, competition, opposition, and all other tangible or intangible elements which would affect values. The method of valuation should be such as to minimize or entirely eliminate all differences due to errors of personal judgment. 3.—All properties being appraised are considered as operating properties. One which is dead, inert, and not in use, cannot be considered as coming under such a discussion as this, and such properties are not treated in this paper. The term "going concern" is not used in connection with the physical property, any element of value implied by the term, over and above the "overhead charges," being treated as an intangible or non-physical element of value. In stating this position, the writer is aware that it is a difficult matter indeed to get away from the fact that some specific purpose—taxation, for example— is the definite end in view in every valuation, and that, instinctively, men engaged on the appraisal will find themselves modifying their figures to meet some real or fancied condition which they conceive might arise, or to prevent some injustice which they believe might be done. Every subordinate employee needs to be watched, every man in charge must watch himself, or he will find himself unwittingly, almost instinctively, coloring his results by some old prejudice of his early years of employment, or some loyalty to his own ideas of governmental or economic policy. The writer has noted this in every appraisal on which he has been engaged, and calls particular attention to it as the first difficulty which must be overcome in the organization of the force for a large appraisal. In the following pages all complications which might arise from the purpose of the appraisement are considered as eliminated, and the possibility of erroneous conclusions being reached by reason of the personal factor (while recognized as being ever present) will not be specially emphasized. 1. Presented at the meeting of January 4th, 1911. 5 6 THE RELATION OF PUBLIC SERVICE, OR QUASI-PUBLIC CORPORATIONS, TO THE PEOPLE. In reference to questions of value, the engineering commission must hear, consider, and reconcile arguments advanced by adverse and often hostile interests. On the one side stand the corporations, with large financial interests involved, often with an excessive amount of stock and bonds issued on the property, the existence of which issues the corporation wishes to justify, and, whether properly capitalized or not, the management being imbued with the perfectly human desire to defend corporate interests from attack of any kind; on the other side is public opinion, often unreasonable, often misinformed, and frequently prejudiced. It appears necessary, therefore, to consider briefly the relation which these interests bear to one another, to study the causes which have led to mutual misunderstandings, and to note the proper relations which should, if possible, be established and maintained between the people and those corporations organized to perform certain of the functions of the State. A public service or quasi-public corporation is a corporation which is operating under the terms of rights, grants, or franchises given by the public, either to this particular corporation direct or granted by statute to a class of corporations. The property of the corporation is used to render certain services to the public, with the expectation of financial gain. It is not material whether the grant be a franchise permitting a water-works company to use the streets and alleys of a city for its mains, and the service be the pumping of water for domestic service and fire protection, or whether the grant be the statutory rights of corporate existence and eminent domain, and the service rendered be the transportation of freight and passengers; the general principle is the same; the company has secured from the people certain rights which enable it to do business, and the people are directly benefited by the services rendered by the company. The increased comfort of living makes for the growth of the city; the increased transportation facilities build and develop the country traversed by the railroad; and this growth and development, not only operate to the advantage of the people, but also to that of the company in the way of increased business and increased revenues. The capital required to build and develop these properties was furnished in the hope of, and with the expectation of, a proper financial reward. It has frequently happened that such properties have been built years in advance of sufficient development to support the enterprise, built, in fact, without expectation of immediate returns, and long periods of time have often elapsed before any profit has been secured. It has also frequently happened that corporations have been aided to a very large extent by public funds, by the voting of aid bonds, by the donation of large tracts of land, by payment for certain service at such rates as would largely relieve the company from loss in operation, by the remission of taxes, or by the direct donation of funds. The company is clearly entitled to earn a reasonable profit on the actual capital invested, in addition to the legitimate cost of operation, payment of taxes, and sinking funds to cover depreciation and obsolescence. The public is clearly entitled to good service at the lowest rates that will permit the company to earn its reasonable profit and expenses. Increases in tonnage, population, and consequent net earnings of the corporation should entitle the public to a benefit in reduced charges for service, when the increased earning is of a permanent character. The general tendency of the Courts has been to treat a franchise as a contract, and to be governed closely by the language and evident intent of the makers, but to safeguard the rights of the public to the fullest extent consistent with justice. A franchise requires specific performance of specific acts. Nothing will be assumed or implied. The Courts recognize that the investors are entitled to reasonable returns, and that the public is entitled to fair rates. In the case of Los Angeles Water Company vs. City of Los Angeles (103 U. S., 711), the United States Courts held that at the expiration of a 30-year franchise, which provided that the city was to pay for the value of all improvements, when the city failed to agree upon, tender, or pay such value, so long as the company complied with the terms of the contract, and until the city terminated it by making or tendering payment, the passage of an ordinance by the city fixing rates was void. In the case of Weatherly vs. Capital City Water Company (Ala. 22 So., 140), the Alabama Courts held that the acceptance of a franchise involved a grave responsibility, and that the company could not stop furnishing water and fire protection, even if the work was done at a loss. In the case of Myer vs. Brown (65 Cal., 589), the Court said: "It is well occasionally to recall the fact that there is no more reason to permit a municipal government to repudiate its obligations entered into for value, than to permit an individual to do so. Good faith and fair dealing should be exacted of one equally with the other." Judge Brewer, in the Kansas City Water-Works case (62 Fed. Rep., 853), said: "All contracts involving property rights and obligations, between municipalities and individuals, must be presumed to be based upon and to recognize the ordinary laws of business transactions." In 1903 the Maine Supreme Court issued a set of instructions to appraisers appointed to fix values of certain properties. The Court set forth its views as follows: "Summarized, these elemental principles are, the right of the company to derive a fair income based upon the fair value of the property at the time it is being used for the public, taking into account the cost of maintenance and depreciation and the current operating expenses, and the right of the public to demand that the rates shall be no higher than the services are worth to them, not in the aggregate, but as individuals." The Supreme Court of the United States has again and again given its views, which may be summarized as follows: "It cannot be said that a corporation is entitled, as of right, without reference to the interests of the public, to realize a given per cent. upon its capital stock. When a question arises whether the legislature has exceeded its constitutional powers in prescribing rates to be charged by a corporation controlling a public highway, stockholders are not the only persons whose rights and interests are to be considered. The rights of the public are not to be ignored. "The public cannot properly be subjected to unreasonable rates in order simply that stockholders may earn dividends. The legislature has the authority in every case, where its power has not been restrained by contract, to proceed upon the ground that the public may not rightfully be required to submit to unreasonable exactions for the use of a public highway established and maintained under legislative authority." (164 U. S., 578.) "It is not to be inferred that the power of limitation or regulation is itself without limit. This power to regulate is not a power to destroy, and limitation is not the equivalent of confiscation. Under pretense of regulating fares and freights the State cannot require a railroad corporation to carry persons or property without reward, neither can it do that which in law amounts to the taking of private property for public use without just compensation. * * *" (116 U. S., 307.) In the case of Smyth vs. Ames (169 U. S., 466), the Court said: "If a railroad corporation has bonded its property for an amount that exceeds its fair value, or if its capitalization is largely fictitious, it may not impose upon the public the burden of such increased rates as may be required for the purpose of realizing profits upon such excessive valuation or fictitious capitalizations; and the apparent value of the property and franchises used by the corporations, as represented by its stocks, bonds and obligations, is not alone to be considered when determining the rates that may reasonably be charged. * * * "We hold, however, that the basis of all calculations as to the reasonableness of rates to be charged by a corporation maintaining a highway under 7 8 9 legislative sanction must be the fair value of the property being used by it for the convenience of the public. "What the company is entitled to ask is a fair return upon the value of that which it employs for the public convenience. On the other hand, what the public is entitled to demand is that no more be exacted from it for the use of a public highway than the services rendered by it are reasonably worth." The relations between the corporations and the public that they serve have been clearly defined by the Courts, as the foregoing quotations show. That the mutual relations existing between the management of the corporations and the public are far from what they should be, there can be no doubt. On the one hand, the great mass of the voting public is uninformed as to actual revenues, disbursements, and operations of the corporations, as to whether their income is unreasonably large, or whether they are struggling to exist. The sums of money involved in the dealings of the corporations are so stupendous in comparison with the amounts used in an ordinary private business—even in one of considerable magnitude—that the majority of the public cannot comprehend them. The published statistics are in such form that only the careful student of affairs can understand or analyze them, and but few of the public officials who receive them are able to read the reports of the properties and comprehend them. As a consequence, the corporation, as a political issue, has been the subject of jest, gibe, and cartoon; there has not been an intelligent public discussion of available reports and statistics, and it may be said that, generally, the mass of the public has come to class all corporations as grasping, overbearing, and unjust, and to consider them all as exceedingly prosperous. This has been taken advantage of by politicians for their own selfish ends, and has led to sundry legislation, some of which has been unreasonable and unjust to the corporations, and much of which is aimed at real abuses that never ought to have existed. The reasonableness of a rate depends, not alone on the amount of capital invested, but on the volume of traffic, the density of population, the actual cost of service, and many other elements. Rate legislation has been attempted without full investigation. Acts have been passed compelling the establishment of stations and terminals, the improvement of roadway and structures, the purchase of new equipment, the installation of safety appliances and block signals, and many other requirements have been made, some (but by no means all) of which are unreasonable and burdensome. Nearly one-half the States of the Union have by law required a 2-cent, or 2½-cent, passenger fare, regardless of density of population, amount of traffic, or other considerations which might render such rates unreasonable. The regulation of the carriers, by legislature, by railroad commissions, by State officials, and by Courts, the addition of burdens of expense, and the cutting off of revenue, all give considerable ground for the opposition of the carriers to anything that looks like hostile legislation, and compels the student of affairs to admit that there is justice in the claim of the managements, that there is grave danger, not only of seriously crippling many roads, but of so impairing the credit of the railroads as a class that it will be increasingly difficult to secure capital to provide for the necessary extensions and development of the transportation facilities of the country. On the other hand, perfect frankness compels the admission that the state of public opinion which compelled the passage of these laws has been caused largely by the corporation officials themselves. There is probably no more loyal body of men in America to-day than the officials and employees of railroads. Their loyalty, however, is all to "our company." They enter its service as boys or young men; they grow up to the full strength of manhood working for its good; they take little or no part in public affairs; they have no time for the study of public questions. Their friends are almost exclusively among their own associates in the service of the road, and their development is along the lines of their own special work in the service. As a body of honest, honorable, and worthy men, absolutely loyal to their employers, they have few equals; but it is doubtful if any equal number of men, of equal intelligence, have as limited a knowledge of the fundamental truths of government, or knowledge so colored by bias. It is also doubtful whether any equal number of men have in their ranks so few who bear an active part in the duties and activities of citizenship, or who exercise large influence on their neighbors. While the foregoing statement is believed to be absolutely true, it will not do to pass over the notable exceptions. Such men as James J. Hill, F. Am. Soc. C. E., M. E. Ingalls, and others of the higher officials, who have taken an active part in public affairs, have had commanding influence. Theirs has been the sound policy, as the property in their hands has not suffered. The short-sighted policy which, in December, 1909, induced the management of one road to compel all its employees holding municipal offices to resign, is bound to react and create hostile feeling on the part of the public. The entire trend of a training in railway service is to fill a man with prejudice against all things that undertake to regulate or control the corporations, and often goes so far as to enable him to do, willingly and as a matter of right, things which with a broader view of the interest of the whole community he would not agree with at all. The result of this intensive training is that the railway service has in it thousands of men who become impatient with any effort to regulate or control; who permit their irritation to show; and who, by their own attitude, create unnecessary hostility. F. A. Delano, M. Am. Soc. C. E., President of the Wabash, in an address[2] at Hannibal, Mo., on March 25th, 1909, said: "In ordinary manufacturing or commercial undertakings, every man has his own notions about the conduct of his business, and does not want to be interfered with, or dictated to by people who know less about his business than he does himself. Now, while it may be argued in the case of public service corporations that the people who have put their money into these enterprises, have done it with their eyes open and with full knowledge that they were subject to governmental regulation and control, there is nothing in that argument which makes public interference any more palatable to the man or group of men who are interfered with." This address well expresses the spirit of the railway managers and employees toward all forms of investigation, and the complete lack of understanding, on the part of these managers, of the legal and moral relations which they bear to the communities which they serve. It is extremely unfortunate that railway and corporation people have not taken the public fully into their confidence, and fully and freely given out correct information as to the operation and depreciation of their properties; also, it is unfortunate that, when a corporation official does feel a grievance, he permits himself to make a partisan speech, or write an unwise article for publication. Much hostility is traceable to foolish, undiplomatic sayings or writings of corporation managers (which are often but half quoted), or to equally foolish speeches or newspaper editorials in opposition to the corporations, which are taken seriously by the managers. Whatever may be the cause, there is a regrettable hostility, and, on the part of the corporation officials, there is an apparent unwillingness to admit right motives to anyone advancing theories regarding corporate regulation and control, due largely to the training and atmosphere surrounding the corporate service. The public has a large bill of particulars, one of which is the promotion of wildcat companies, such, for instance, as the "New York and Chicago Air Line" project which, only a year or so ago, drew from $2,000,000 to $3,000,000 from the people in a limited territory. These people were "investing" in railway stocks. A Federal control of the issue of stocks and bonds would have prevented this and hundreds of like swindles. Any move to secure such a law has always been opposed by the management of large and legitimately operated corporations, under the impression that they are about to be persecuted, and, naturally, the victim classes these corporations with the alleged one that secured his money. The issue of stocks and bonds far in excess of any possible cost or value of railroad, street railroad, and other properties, and the making of large personal fortunes by the promoters, are matters of such frequent occurrence that it is difficult, indeed, to dismiss them with a mere denial. There is hardly a community of any size which has not had its example of "consolidation," "combine," or "merger," which has resulted in the issue of excessive securities; and there is hardly a citizen of any intelligence who has not either seen or had experience with some form of corporation promotion carried on strictly within the law, but which, nevertheless, in plain language, was a swindle. These, to say nothing of some gigantic deals involving millions, will sooner or later compel some form of regulation of the issues of stocks and bonds. In the last analysis, it is the money of the people, the hundreds of thousands of small investors, depositors in banks, and owners of life insurance, whose money goes into corporation securities, and, until the officers of the great railroads co- operate in securing such forms of control of stock and bond issues as will make impossible the purely speculative "wildcat" corporations, and thus safeguard minor corporations, as to furnish at least reasonable security to those whose money is invested, all forms of corporation security must be under suspicion with the public, and the agitation for control must continue. It is not, as Mr. Delano says, a case of put your money in with your eyes wide open; it is an effort on the part of the people to safeguard this form of corporate security in such a way that it can be treated as any other form of sound investment. It should not be necessary to require that all investors in corporate securities be financial experts. It is the writer's opinion, based on his observation and professional practice, that the railroads are not generally open to charges of over-capitalization. While there are flagrant instances, the chief culprits are among other classes of corporations. If such be the fact, it would seem that the interests of the great railway corporations would be in no wise jeopardized by sane and reasonable control. 10 11 12 13 14 The theory of taxation is that every one shall bear his proportionate burden of the cost of maintaining the government. Regardless of any opinions that may be held as to the propriety of the methods adopted in the Interstate Commerce Commission's commercial valuation of railroad properties, it will be conceded that the results gave a set of figures for all the States of the Union, secured by a uniform method of computation and distribution. Table 1, which is a compilation from Tables 1 to 11 of Bulletin 21, shows clearly why, in certain States, corporate taxation is a live issue, and if (as suggested by Mr. Williams in his article, elsewhere referred to) amendment of the Constitutions of some of the States is necessary, it is safe to assume that the condition of inequality shown by this table is such as to compel these changes. It is needless to cite further instances; enough has been said to indicate: First.—That the corporations and the public have such intimate business relations that a blow at either must necessarily injure the other seriously; Second.—That the Courts have defined quite clearly the legal relation existing between the two interests; Third.—That there is lacking a proper spirit of mutual confidence, and the two interests at the present time are generally hostile; Fourth.—That there have been errors and abuses on the part of both corporations and public; and Fifth.—That capital invested in corporations is, and should be, the money of the people, and should be safeguarded so as to prevent its loss by manipulation, and insure a fair return. TABLE 1.—Comparison of Assessed Valuation and Commercial Value of Railway Properties. State or territory. Miles of single track. Commercial value: June 30th, 1904. VALUATION FOR ASSESSMENT. Ratio of assessed to commercial valuation: Percentage. Year. Amount. Alabama 4,669.35 $150,211,000 1905 $53,926,026 35.9 Arkansas 4,126.44 124,626,000 1904 34,709,623 27.8 California 6,262.54 350,694,000 1904 92,378,550 26.3 Colorado 4,976.24 198,261,000 1903 49,492,135 25.0 Connecticut 1,017.72 105,369,000 1904 120,493,648 114.4 Florida 3,555.84 80,467,000 1904 21,817,478 27.1 Georgia 6,304.72 156,603,000 1903 63,105,810 40.3 Idaho 1,461.53 91,877,000 1904 10,115,378 11.0 Illinois 11,622.74 805,057,000 1904 425,709,055 63.8 Indiana 6,917.85 375,541,000 1904 165,863,367 44.2 Iowa 9,859.23 344,847,000 1904 57,535,160 16.7 Kansas 8,811.43 356,356,000 1904 60,093,534 16.9 Kentucky 3,253.00 155,772,000 1904 77,658,040 49.9 Louisiana 3,898.74 123,401,000 1904 29,044,195 28.9 Michigan 8,660.29 277,597,000 1904 196,795,000 70.9 Minnesota 7,811.04 466,734,000 Mississippi 3,480.25 107,884,000 1902 29,847,640 27.7 Missouri 7,711.05 309,768,000 1903 97,916,869 31.6 Montana 3,267.10 196,209,000 1904 36,759,827 18.7 Nebraska 5,820.88 263,170,000 1904 46,082,853 18.5 Nevada 986.56 43,745,000 1904 13,778,049 31.5 New Hampshire 1,275.97 79,786,000 1904 22,625,000 28.3 New Jersey 2,277.85 333,568,000 1904 231,655,525 69.5 New York 8,297.29 898,222,000 1903 229,582,064 25.6 North Carolina 4,075.00 113,146,000 1904 69,480,974 61.4 North Dakota 3,190.77 689,797,000 1904 133,858,945 19.4 Oklahoma 2,611.03 78,668,000 1905 11,936,317 15.2 Pennsylvania 11,023.24 1,420,680,000 Rhode Island 211.89 25,719,000 1904 15,832,003 61.6 South Carolina 3,175.28 75,500,000 1903 29,467,716 39.0 South Dakota 3,047.14 49,646,000 1904 14,354,930 28.9 Tennessee 3,480.83 131,166,000 1903 58,536,566 46.6 Texas 11,848.03 237,718,000 1904 95,209,785 40.0 Utah 1,779.69 90,325,000 1904 20,682,461 22.9 Vermont 1,063.25 37,311,000 1902 27,344,020 73.3 Virginia 3,932.33 211,315,000 1904 63,269,623 37.7 West Virginia 2,836.83 201,799,000 1904 28,771,358 14.2 Washington 3,355.83 182,837,000 1904 26,066,949 14.3 Wisconsin 7,048.76 284,510,000 1904 218,024,900 76.6 Wyoming 1,247.70 100,307,000 1904 7,498,232 7.5 Arizona 1,751.35 68,356,000 1904 6,667,349 9.7 District of Columbia 32.00 5,578,000 1904 2,486,024 44.6 New Mexico 2,504.66 8,640,000 1904 8,511,538 9.9 Total, U.S.A. 213,932.13 11,244,852,000 In concluding this subject, it may not be amiss to quote the language of the Supreme Court in the Knoxville Water Case (212 U. S., 1), as follows: "Regulation of public service corporations, which perform their duties under conditions of necessary monopoly, will occur with greater and greater frequency as time goes on. It is a delicate and dangerous function, and ought to be exercised with a keen sense of justice on the part of the regulating body, met by a frank disclosure on the part of the company to be regulated. The Courts ought not to bear the whole burden of saving property from confiscation, though they will not be found wanting when the proof is clear. "The legislatures and subordinate bodies to whom the legislative power has been delegated ought to do their part. Our social system rests largely upon the sanctity of private property, and that State or community which seeks to invade it will soon discover the error, in the disaster that follows. The slight gain 15 16 to the consumer, which he would obtain from a reduction in the rates charged by Public Service Corporations, is as nothing compared with his share in the ruin which would be brought about by denying to private property its just reward, thus unsettling values and destroying confidence. On the other hand, the companies to be regulated will find it to their lasting interest to furnish freely the information upon which a just regulation can be based." 2. Railroad Age Gazette, April 16th, 1909, p. 857. EXPLANATION OF TERMS. In order that there may be no doubt as to the exact meaning of the terms used throughout this paper, a few definitions or explanations are submitted: Appraisal, or Valuation.—These words are used interchangeably, and refer to the engineering work of determining the present worth of both physical and intangible properties of corporations. Cost of Reproduction.—This expression refers to the estimate of cost of reproducing the physical properties as they exist on the date of the appraisal, all elements entering into the cost being considered as new and not affected by the elements of depreciation or obsolescence. Cost, or Original Cost.—These terms refer to the actual amount of money paid for the property, either when it was originally constructed, or in its condition at the time of appraisal, the latter case being the original cost plus the cost of additions and betterments, less abandoned, replaced, or worn-out property. This figure ought to be represented by the "book cost," but it is not often that "book cost" and "actual cost" are the same. Present Value, or Present Physical Value.[3]—These terms are used in describing the physical property as reproduced after it is affected by all elements of depreciation or appreciation. The use of the word "value" in this expression is unfortunate, as it may lead to some confusion. It must be kept clearly in mind that, where this term is used, it refers only to physical property as depreciated, and is in no case intended to refer to the final or "fair value" of the property. Non-physical, or Intangible, Value.—These terms are used to represent those elements, entering into the final worth of the property as a business concern, which arise out of the operation of the property and are not attachable to the physical property. All the foregoing terms have to do with the determination of the elements which enter into the final value. What is "value"? In defining the exact meaning of this term, as applied to the property of a public service corporation, many elements must be taken into account. Standard authorities give many definitions of "value," none of which appears to meet fully the requirements of the term as used herein. Before considering the elements which enter into the value of corporation property, or attempting to determine the methods to be used in fixing proper figures of worth for each of these elements, it is proper and necessary to obtain a clear definition of "value," the thing sought to be ascertained by the inquiry. The term, "commercial value," has been considered in place of "value," but is not used because it is held to be more properly applicable to the selling or exchanging value of fractional interests in the property, and the methods of computing the commercial value of securities which are in common use cannot be adopted in an engineering valuation. The Standard Dictionary definition of "commercial value" is: "The source of commercial value, according to different schools of economists, is (1) the degree of want felt for a commodity as shown in the relation of supply and demand, (2) the amount of labor embodied in it, or (3) the cost of reproduction. Practically, commercial value is that for which a thing can be sold or exchanged at a given time and place." The definition given by Professor Adams is: "The estimate placed upon the worth of a property, regarded as a business proposition." Both these definitions are in a measure involved, and the writer considers that the term, "Commercial Value," is too narrow and restricted to be properly used. As a definition of that estimate of worth which an engineering commission should report as the result of a complete appraisal, the writer submits the following: The value of a property is its estimated worth at a given time, measured in money, taking into account all the elements which add to its usefulness or desirability as a business or profit-earning proposition. There are two classes of elements entering into the final value: (1) The "Physical Property" Element of Value.—This consists of those things which are visible and tangible, capable of being inventoried, their cost of reproduction determined, their depreciation measured, and without which the property would be unable to produce the commodity on the sale of which income depends. This physical property is considered as an operating entity, and not as collateral of inert and partly worn-out equipment, and, being so considered, carries, as part of the physical value, those costs and charges which are an inseparable part of the cost of construction but do not appear in the inventory of the completed property. (2) The "Non-Physical" or "Intangible" Elements of Value.—These are those things which, added to or taken from the worth of the physical property, make up the value, and include whatever accrues to the property by reason of its operation, or by reason of grants, contract rights, competition, or location, which at the time of appraisal affect favorably or unfavorably the worth of the property. The worth of the physical property is primarily that on which the value of the whole property rests. While it is clear that the worth of the physical property, being the cost of reproduction less depreciation, is not necessarily the value of the property, it is equally clear that the physical worth must bear some very definite relation to value, and the writer is strongly of the conviction that this relation is such that "value" cannot be ascertained without a determination of physical worth. The physical property element represents the investment on which a fair return is to be earned, and in most cases an appraisal is necessary for the determination of the amount of money actually invested. As illustration of the fact that "physical value" and "value" are not the same, the case of two railroads actually existing and in operation between two cities in Michigan may be cited. Road "A" occupies a narrow valley through high and abrupt hills. Its alignment is fair for hilly country; its maximum grade is 1 per cent. It has a number of bridges, all short and low. Its cost of reproduction might reasonably be placed at $28,000 per mile. A mining town at one end ships a heavy tonnage down grade to a lake port at the other. Road "B" was constructed several years later, and, being barred from the only valley, built a line across the hills, involving heavy grading, very long and high steel trestles, a longer line, maximum grades of 2%, and a heavy climb from the mining town to the summit before starting to drop to the lake. The cost of construction was more than double that of Line "A," and the tonnage which can be hauled in either direction is but a small fraction of that which can be hauled with the same power by Road "A." A reasonable figure for cost of reproduction may be given as $60,000 per mile.[4] Here is clearly a case where the older, less expensively built road has a value as an earning proposition far in excess of that of the new road. The rate on commodities does not affect the relative difference. A higher rate, while permitting Road "B" to live, greatly adds to the value of Road "A," while the latter can operate at a profit on rates which would not permit Road "B" to pay expenses. This example indicates the existence of non-physical values, not only positive in the case of Road "A," but also negative as to Road "B." Many properties have been built in the United States, representing large investments of capital, which are not, and some of which can never be, profitable business investments. In all such the physical valuation will exceed the final value where the property is considered as an operating concern, and a negative factor to cover improper location, uneconomical design, ill-advised investment, or whatever the trouble may be, should be applied. The physical property is that which enables the corporation to do business. Without physical property it could not produce the commodity which it sells. The amount of money actually invested in acquiring that physical property represents the measure of capital on which it is morally entitled to earn interest and profit; and, in the stage of promoting and financing the enterprise, all hope of earnings is based on the amount of money required to construct the property. These considerations lead the writer to contend that the true method of valuing a corporate property is first to determine the cost of reproduction of the property and its depreciation, and modify this figure by any applicable positive or negative non-physical elements of value. 17 18 19 3. The term "present value," as used in this paper, should not be confounded with its use by bankers or accountants, or with the present worth of a sum of money due at some future time. 4. In this case, traffic as to Line "B" is limited, and as it is feasible to double-track Line "A" at less cost than Line "B," no advantage can be assigned to Line "B" on account of development of future business. 20 THE MICHIGAN STATE APPRAISALS. Organization. The State Legislature of Michigan, at the session of 1899, passed an act creating a Board of State Tax Commissioners and outlining and prescribing their duties. This act authorized the board to "inquire into and ascertain the value of the property of corporations paying specific taxes under any of the laws of this State." The object of this valuation was to determine the rate at which the corporations were paying taxes, to the end that necessary laws should be passed so that all taxable properties in the State might be taxed uniformly. On September 1st, 1900, the Board of Tax Commissioners appointed Professor Mortimer E. Cooley Appraiser of Properties. Immediately thereafter the general organization was mapped out along the following lines of division of labor and responsibility: 1.—Administration.—All matters of general policy in regard to the conduct of the work, all matters relating to negotiations and conferences with officials of corporations, all transactions with the State Tax Commission, the Governor, or the Board of State Auditors, and the entire direction of all relations with the public through newspapers and other channels, were retained by the appraiser, who was the final arbiter on all matters referred to him regarding the details of the work. 2.—Civil Engineering.—The appraisal of all property which in the course of construction would fall under the supervision of the civil engineering department of a road, including land, roadway, bridges, and structures, was in charge of the writer. 3.—Mechanical Engineering.—The appraisal of all motive power, rolling stock, and property which in the course of construction would fall under the supervision of the mechanical engineer, including power and electric plants, shop tools and machinery, water stations, etc., was in charge of Mr. Theodore H. Hinchman, Jr., of Detroit, Mich. In the matter of the final assembling of figures, computation of percentage values, and compilation of final results, Mr. Hinchman and the writer worked together with joint general supervision. 4.—Telegraphs.—The inspection and appraisal of all telegraph properties was under charge of Mr. William S. Conant, of Detroit, Mich. 5.—Telephones.—The appraisal of all telephone properties was directed by Mr. William J. Rice, of New York. 6.—Vessel Properties.—All vessels belonging to companies whose property was involved by the appraisal were inspected and appraised by Herbert C. Sadler, Professor of N...