A word concerning the use of experts on work of this class: Most

valuations grow out of or grow into cases at law. Under the prevailing

order, the litigants secure the services of the necessary expert

appraisers, who, in the course of examination, are subjected to

processes usually much better calculated to magnify than to harmonize

differences, and to cloud rather than to clarify issues, to the

detriment of the record, the confusion of the Court, and the attempted

discredit of the witnesses and their profession. Self-defense is

calculated to lead witnesses into undue reliance on rules and

mathematical formulas, as direct means of obtaining the desired result,

instead of aids for the final exercise of a right judgment as to the

real value of the property for the purpose intended, simply because it

is easier in dealing with attorneys to justify mere mathematical

processes than to support opinion resting on considerations of a general

character, not always readily measurable in figures. This tendency leads

also to under-valuations. A change in the process of Court procedure

relative to such expert evidence is needed, and the influence of the

Profession, both individually and collectively, might be used to secure

the appointment of such witnesses at the instance of the Court, instead

of the litigants, to the great advantage, both of society and of those

more immediately concerned.

C. D. PURDON, M. AM. SOC. C. E. (by letter).—A comparison of some of the

more important items in the Minnesota valuation may be of interest. In

the "Cost of Construction of Roadbed and Track," the principal items

are:

Land 25.46%

Clearing and grading 21.49%

Rails 12.72%

Bridges 7.01%

Ties 6.72%

These five items amount to 73.40% of the total cost, and "Adaptation and

Solidification of Roadbed" to 4.53%, the other twenty-three items

amounting to 22.07 per cent.

The estimated value of "Adaptation and Solidification of Roadbed" ranges

from $543 to $1,542.80 per mile, averaging $1,231.92, which includes 4½%

for engineering. If engineering is omitted, the average for all roads is

$1,124.95, and for "Carrying Roads"[48] $1,128.16.

The "multiplier" for cost of right of way was ascertained from the

market value of land in the vicinity, as shown by late transfers, and

the prices paid for right of way at about the same time; this cost

ranged from 195 to 891% of the market value. Taking "all roads," the

cost of land for terminals was 71.05% of the total cost of land for all

purposes, but only 3.78% of the quantity.

A. MORDECAI, M. AM. SOC. C. E. (by letter).—Mr. Riggs has done a

valuable service in preparing this very able and painstaking paper, as

the subject of the proper value of Public Service Corporation property

is one but lately demanding attention. When the country was undeveloped,

and the railroad companies struggling for existence, and often ahead of

the needs of the people, no criticism was made; but, during the last few

years, securities have increased so largely, the increased issue often

being manipulated so as to accrue to the benefit of a few individuals in

place of the great mass of original security holders, rates have been

made and defended on the plea that the increase was necessary to pay a

fair interest on the capital invested, and increases in assessments for

taxes were fought and criticized to such an extent by the companies that

the public seems to think it absolutely necessary to have some

investigating and regulating power. It argues that the history of the

past shows that we cannot depend on the officials themselves, not from

any desire to be dishonest or unfair, but merely that they cannot reach

the proper point of view. After years of struggling, they cannot see the

justice of being obliged to show their books or have their incomes

disturbed, while they see a neighboring factory, owned by a like

chartered company protected by patents and copyrights, greatly enlarged,

and the company paying a very handsome return on an ever-increasing

capital, without investigation of any kind.

No one supposes that any body of legislators or a committee selected

from one should understand the situation better than the managers

themselves, but the public, forced to look somewhere, demands that its

representatives try to regulate these matters and see that no abuses

occur, fully aware that the machinery is not perfect. It asks:

As to Capital: that the company can show proper value for the

securities issued, and, if an increase is made, the sum obtained

should be used for the betterment of the property;

As to Rates: the Courts have said that what the company is entitled

to ask is a fair return on the value of that which it uses for the

public convenience;

As to Taxes: what is the true value of the property of the company,

treating it with absolute equality, as compared with that of other

taxpayers?

It is to determine what these values are that the Engineer among others

has been called on. The literature on the subject is increasing, and

there are some decisions of the Courts which help, but there are yet

perplexing and intricate questions to be determined; not to be answered

by captious criticism and indignant retort, but by an honest effort to

arrive at some common ground of fairness to both State and Corporation;

for, after all, the Corporation is a part of the State, a great

distributor of money, a large taxpayer, its stockholders men of worth

and capacity, and there should be no desire to penalize it or interfere

with its legitimate prosperity. The Corporation is surely dependent on

the State and the good will of the people for its welfare. Mistakes have

been made, no doubt, just because this common ground has not been

reached, and the writer thinks that it is largely within the province of

the Engineer to establish it.

In arriving at either of these values, the chief tangible asset is the

value of the physical property. This can be determined with a great

degree of accuracy, and though by no means alone representing any of the

values, it seems to be indispensable as a basis and starting point. The

balance sheets of the Corporation commence with a statement of the cost

of road, plant, etc., and must be checked to permit correct deductions

from the results of operation shown in them; and, for purposes of

taxation, they would seem to be particularly reliable.

The Engineer called on to make such a valuation for whatever purpose

should, under like conditions, value each item the same for all, but it

does not follow that every item, including the percentages added, should

appear in the total valuation for all purposes. There are legitimate

charges in valuations made to determine capital which should not appear

in one made for assessment for taxes. Unit prices should not change, but

the purpose for which the valuation is made should properly be

considered in arriving at the final figure.

To or from this valuation, especially if made to determine proper

capital, there must be added or subtracted certain values for intangible

property, often found by a study of the income account of the

Corporation. This makes the official ask: Why make a valuation of the

physical property at all if your final result depends on the income?

Because it is one item which cannot be manipulated; it does not change

materially from year to year; it is not dependent on rates or income; it

forms a very large item in the assets of the Corporation; and it is a

sound basis on which to stand.

For the purpose of determining the proper amount of securities, the cost

of reproduction at present prices would seem to be the value sought;

whereas, for taxation purposes, or to determine a proper selling price,

the present value is what is required, allowance being made for

depreciation. A railroad, for instance, might be considered as an

instrument for transporting passengers and freight, and, though the ties

are not new, the rails worn, and the locomotives of an old type, they do

their work just as safely and expeditiously, and, if no account is to be

taken of the cost of maintenance, the road might be considered to be

worth as much as if new.

The officials of the Corporation are generally perfectly willing to give

any facts or to furnish access to any records they may have, but are not

willing to state their opinions as to prices, depreciation, etc. The

Engineer is making the valuation, not they; and they reserve the right

to criticize, at the proper time, both the results and the conclusions

drawn from them. The Engineer should be absolutely fair and just, not

using improperly the information obtained, but endeavoring to reach

results which appear to be unquestionably correct. He must divest his

mind of the innate desire to minimize the consequences of his decision

to the Corporation, on the one hand, or to favor the State or his

employer, on the other; it may be difficult, but on his ability to do

this depends the success or failure of his work.

Considering the subject generally: in making the valuation of the

physical property, the organization should consist of one man in charge,

and under him a field organization and an office organization. The

property, if large, should be divided into convenient districts, with a

division engineer and necessary assistants in charge of each. Care

should be taken that these assistants are competent men, though they are

often hard to obtain for temporary work of this character, and there is

not sufficient time in which to weed out and perfect an organization.

They should be men of experience on the particular class of work to

which they are assigned, and should be tactful and courteous. Stress

should be laid on keeping plain, neat notes, not too crowded; on

watchful care of the party working in the field, to prevent accidents,

and on the necessity of absolute correctness in calculations and

figures, in the multitude of which it is surprising how many mistakes

will creep in unless special care is taken to check every step

thoroughly. The office engineer should be equally competent, and

accustomed to systematizing and analyzing, so that the results will be

arranged systematically, not only as considered by themselves, but as

far as possible according to the classification of the Interstate

Commerce Commission, so that, no matter where made, they can be easily

compared.

The work, if large, should be standardized. Everything to be reported

should have a form for the purpose. These should be as concise as

possible, calling attention to the essential information, but not in too

much detail. Unit prices should be established after proper

consideration.

_Reproduction Value._—In ascertaining the reproduction value, the aim

should be to obtain prices for which the material could be purchased and

the work let to responsible parties at the date of the valuation. Real

estate and depreciation are probably the two items in which there will

be the largest differences in opinion as to values, and both should be

determined by the personal examination of experts, following some

prearranged system. One founded on the Somers system might do for the

land, and certain percentages of depreciation per year, varying for the

three conditions of good, fair and poor, for the structures and

equipment, but the results in any case should be examined and passed

upon by some one person so as to eliminate the individual equation as

far as possible.

It is when the figures thus reached are before him that the Engineer

finds himself confronted with many perplexing problems. To what items

should percentages be added, and in what amounts? A small change in such

items often makes a large difference in the total. There is not much

trouble about general expenses, legal expenses, engineering, etc., as

these are undoubtedly proper items to be added, and the amounts of the

percentages are not difficult to determine from sufficient study of the

property. Opinions on such matters will not vary greatly, but there is a

difference with regard to such items as leasehold interests,

solidification, contingencies, interest and taxes during construction,

commissions and discounts on securities, working capital, value of the

good will, and considering the property as a "going concern," about

which opinions will differ much more widely.

Leases from the company are like any other book asset. Leases to the

company should be considered as the land is considered. What is the

present value of the leasehold interest for the remainder of the term

for which the rental is fixed?

_Present Value._—In ascertaining the present value, it would seem that

something should be allowed for solidification, the amount depending on

the manner in which the work was built, its age, the likelihood of

damage by the elements, etc. Possibly a percentage of appreciation on

the value of the earthwork and masonry would be the fairest manner in

which to consider it. Due care must be taken, however, to give proper

credit to good work and not put a premium on inferior construction.

A percentage should be allowed for contingencies in all cases, but this

is not necessarily the same for every piece of property. The estimate is

made on a completed piece of work, consequently, if done with proper

care, this item should not be as large as if the estimate were made for

work to be constructed; but there are many things, not seen by the

estimating engineer or disclosed by available records, which must be

covered by this item, such as buildings bought with the land and

afterward destroyed, damages paid for reasons not now apparent,

difficulties encountered in excavating wet or hard material, amounts

spent in dredging, in artificial and difficult foundations, losses

during construction on account of strikes, washouts, etc. These are

perfectly legitimate charges, and are likely to have occurred, and

proper allowance should be made for them.

It would seem that interest and taxes during construction is a

legitimate charge, and therefore, in the cost of reproduction,

sufficient amounts should be added to cover it. Care should be taken to

make the time long enough, as engineers are often too sanguine as to the

length of time necessary to complete a certain piece of work. It is true

that a part of a railroad, for instance, may be completed and opened for

operation, but the net revenue derived would be very different from that

of the completed road with its terminals and connections.

A new corporation can rarely market its securities at par, not only on

account of the chances taken by the investor, but also because, being

human, he likes to think he is buying at a bargain, getting something a

little below its value; consequently, inducements vary from a small

discount on bonds to a share or two of stock thrown in. To what extent a

reasonable discount is a proper charge against construction may be

considered an open question. It might seem fair that a certain fixed

percentage be allowed in valuations, to determine capital for

commissions and necessary discounts, varying according to the amount of

the securities. This need not cover the whole amount of the discount,

but only that portion which experience would consider essential in

marketing unquestioned securities.

Consideration of the items working capital, good will, etc., may not

properly belong to the Engineer, but rather to the Statistician, except

as the former hears of such items being used as an argument against the

necessity for a valuation of the physical property of a corporation. It

is often asked, for instance, how can a value be placed on the property

of the Pennsylvania Railroad Company, with its great commercial

position, its magnificent terminals, and its splendid organization, all

the result of the expenditure of much time and money? It is certainly a

difficult problem, but the Pennsylvania Railroad is one of the greatest

properties in America, possibly in the world, and because the proper

valuation of this property is surrounded with difficulties it does not

follow that the valuation of the properties of all other public service

corporations are equally troublesome. The very difficulty of the task

shows the importance of having firm ground for the first step. Having

that, it may not be as hard as imagined to take others.

Thus it is seen that there are many perplexing questions for the

Engineer to consider, and many details for him to work out, in doing

which Mr. Riggs' paper will materially help. Above all, the Engineer

must aim to be impartial; he must arrive at such a point of view as to

see both sides with equal distinctness, and judge fairly and justly,

trying to determine some well-defined laws and formulas which will serve

as a basis in ascertaining the values desired.

W. B. RUGGLES, M. AM. SOC. C. E. (by letter).—In his discussion Mr.

Lavis quotes the case assumed by the _New York Sun_, of two bridges over

the Ohio River—one between Cincinnati and Newport and one 20 miles

below, between villages, etc.

In 1898 the writer was employed by the Board of Supervisors of

Cincinnati to put a valuation on its Ohio River bridges for purposes of

taxation, and the many points of view, as to their cost and their actual

value to the owners and to the communities, were at that time, and have

been frequently since, considered by him. In this particular valuation

the duties of the Engineer were comparatively simple and plain, for, as

there were sure to be controversies on two points at least, first, as to

the right of the city to levy any tax on the bridges as such, and

second, as to whether any control by the city extended to the center of

the river, informally but generally recognized to be the division

between the cities for police and similar purposes, or only to the

northerly low-water mark, the limiting boundary to the "Territory

Northwest of the River Ohio," as recognized by the ordinance of 1787, it

appeared to the Board to be advisable, in the earlier stages of their

efforts, to avoid, as far as reasonable, any controversies concerning

details of the valuation, and the writer was instructed to give the

bridge companies the benefit of any doubts.

The railroad bridge of the Cincinnati Southern Railway, the one lowest

on the river and having the little village of Ludlow at its southern

end, and thus most nearly filling the conditions of one of the assumed

structures of the _Sun_, is, with its railroad, the property of the

city, and the Supervisors believed that, under the terms of the lease to

the operating company, it should not be taxed.

Of the other four bridges, the Cincinnati and Covington Elevated Railway

and Transfer Bridge—commonly known as the Chesapeake and Ohio Railway

Bridge—the Covington and Cincinnati Suspension Bridge, the Central

Railway and Bridge Company's Bridge, and the Newport and Cincinnati

Bridge, commonly known as the Pennsylvania Railway Bridge (all noted in

the order of occurrence, passing up the river), the writer had official

or semi-official reports giving such details of at least the principal

features of the structures that in a measure they supplied quantities,

weights, and some prices; those lacking were either calculated from

actual measurements taken on the structures or supplied from plans

furnished by the companies, since, as the several companies relied on

defeating the efforts of the supervision on legal grounds, they conceded

values which otherwise might have been strenuously contested. As long as

the writer knew anything of the results, the Board of Supervisors was

unsuccessful in its purpose to get the bridges, as such, on the tax

duplicates; but that has no particular bearing on the points raised in

this discussion. Of the five bridges, three are primarily railroad

bridges. The Cincinnati Southern Bridge has one footway only, on which

it formerly collected tolls; all the others have footways and wagonways,

and the three above the Chesapeake and Ohio Railway Bridge carry

electric railways. The Newport and Cincinnati (Pennsylvania Railway)

Bridge has all the features of steam and electric railways, wagonways

and footways. In some particulars these bridges differ greatly, for

instance, the bed-rock of the river lies at the surface of the most

easterly (Pennsylvania Railway) bridge, and for each successive bridge

is found deeper, as the river is followed westward, the river-span piers

of the Chesapeake and Ohio Railway Bridge being 54 ft. below low water

and those of the Cincinnati Southern Railway Bridge being likewise very

troublesome.

The two bridges with exactly the same uses—double footways, wagonways,

and electric lines—are the adjacent Suspension and Central Bridges, one

having the City of Covington and the other the City of Newport at its

southern terminus, but these differ most widely as to valuation. The

Suspension Bridge, as reported to the writer by the late W. Hildenbrand,

M. Am. Soc. C. E., with the consent of his company, was valued at only a

little short of $1,000,000 as reinforced; that of the Central Bridge

Company, as reduced from the reports of the engineers, was very nearly

one-third, only, of that amount, both without any right of way, as real

estate was in all cases listed separately. At that time, however, the

traffic over the Suspension Bridge, counted in persons and vehicles

passing over its several lines, was not far from as relatively greater

than that of the Central Bridge as its valuation was higher, and it was

more indispensably necessary, as the writer views it, than either the

Central Bridge above, or the Chesapeake and Ohio Bridge below it, for in

the thirty odd years of its use (it was completed in 1867), the

adjoining communities had adjusted their lines of traffic to it, while

that passing over the other two bridges occurred more because of little

differences of convenience (not, however, to be considered otherwise

than an important provision in traffic of such magnitude).

Disregarding other differences, such as the unit prices of 10 or 11

cents per lb. for iron paid by the Suspension Bridge Company in the time

of the Civil War, compared with 4.47 cents per lb. for the new cable

wire or 3.32 cents per lb. for the new structural steel, it appears to

the writer that the element of more or less indispensable use by a

community, as well as the greater freedom of movement in the river below

by reason of there being no piers in the stream, are elements of value;

but that they are items to be reduced to figures for the purpose of

taxation is not so clear, any more than that there is equity in any

demand that might be made that the New York Central and New York, New

Haven, and Hartford Railroad Companies should be taxed on the additional

$22,000,000 expended in the electrification of their lines about New

York City for the comfort, convenience, and edification, not of the

patrons of the roads alone, but of the public at large, without—as just

concluded by an eminently able board—any marked economies in operation.

There is no question in the writer's mind that any one line of railroad

is several times more valuable to each individual in inland regions,

such as Mexico and Arizona, than an equal mileage in Connecticut with

its Sound harbors, steamship lines, good wagon roads, and numerous but

non-competing railways, partly because of the relative usefulness, for

which no practicable substitute could be found, and partly because these

newer States have not entered on all these multifarious lines of

governmental activities, such as policing and safeguarding for public

health and the like, and, much as funds are everywhere desirable, could

possibly defer for a time some of these developments of civic zeal. It

does not appear, therefore, that the discriminations in valuations

disclosed by the author's Table 1 are altogether without a good basis in

relative convenience, although clearly extreme; but, as the law of most

States is understood by the writer, such discriminations may not usually

be made with strict regard for the legality of tax assessments.

The Valuation of Public Service Corporation Property Transactions of the American Society of Civil Engineers, vol. LXXII, June, 1911, ASCE 1190 · 第 33 / 35 段