Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-10-10

The Attorney of the Rock Creek Com
pany Gives His View of the LAW,

The Attorney of the Rock Creek COM
pany Gives His View of the Law.
To the Editor Of The Evening Star:
The interview with Mr.. Phillips, president
of the Metropolitan Railroad Company,
published in yesterdays Star, and The
Stars editorial comments thereon, make
1t proper that should set the Rock Creek
Railway Company right before you and the
public.
Mr.. Phillips is reported as reading from
the statute the following words: 1.-THE Met
ropolitan Railroad Company is authorized
and required Immediately to make recipro-
cal transfer arrangements with street rail-
road companies whose lines now connect
with it's lines, and to furnish such facil-
tiles therefor as the public convenience may
require" and he is reported to have said:
Il have read that clause verbatim" He is
further reported to have said that he In
formed the Rock Creek company, among
others, that it was the opinion of the board
of directors of the Metropolitan company
that the public. under the above act was
entitled to a free reciprocal transfer be-
tween the respective lines.
If Mr.. Phillips was correctly reported, he
did not read to your reporter the full pro-
vision of the recent act of Congress on the
subject Of transfers. Those provisions in
full are as follows:
SeCtlOn D. mat Inc metropolitan railroad
Company Is hereby authorized and required
Immediately to make reciprocal transfer
arrangements with street railroad COM
panies whose lines now connect with its
lines, and to furnish such facilities therefor
as the public convenience may require.
Upon the completion of the underground
electric system provided for in this act the
said Metropolitan Railroad Company is here
by further authorized and required to enter
into reciprocal trackage arrangements with
connecting roads. The schedules and COM
pensation shall be mutually agreed upon
between the said Metropolitan Railroad
Company and the companies with whose
lines its lines connect; and In any case of
failure to reach such mutual agreement the
matters in dispute shall be determined by
the Supreme Court of the District Of Co.
lumbia, upon petition filed by either party
Provided, That every street railway COM
pany in the District Of Columbia whose
lines connect, or whose lines may hereafter
connect, with the lines Of any other street
railway company, is hereby subjected 10 the
same requirements 10 transfers and
trackage arrangements, and upon similar
conditions, as in this section provided in
the case of the Metropolitan Railroad Com
pany and the lines connecting Herewith.
How any one reading this section of the
act, and especially how lawyer. as Mr..
Phillips is, can say that this provides for a
free reciprocal transfer between the re-
spective lines would seem beyond compre-
hension. inasmuch as 1t is specifically pro-
vided that there shall be between the COM
panies schedules and compensation mutually
agreed upon, and provision is made that in
case of failure to reach such mutual agree
ment the matters in dispute shall be de-
termined by the Supreme Court Of the Dis
trict OF Columbia upon petition filed by
either party.
1t is undoubtedly to the interest of the
Metropolitan company that there should be
free reciprocal transfers with the Rock
Creek company, but the advantage of that
arrangement would be all on the one side
as is evident from a comparison of the num-
bers using the respective lines.
The subject Of the reciprocal transfers will
be disposed Of by the Rock Creek company
according to the law and in a spirit of &C
commodation to the public, and the settle
ment of that matter only awaits the return
of Mr.. Newlands to the city.
/ do not write this In controversial
spirit or to provoke discussion on the sub
ject, but only to let you and the public know
that the Rock Creek Railway Company dis
sents emphatically from Mr.. Phillips con-
struction of the law, and cannot consent to
be bound by his ipse diXit or that of his
board of directors.
In conclusion, / beg to say that the propo-
sition of the Rock Creek company for the
issuance of transfer for cents, of which
it should receive cents and the Metropoli-
tan company l cent, grew out of an agree
act of Congress between the Rock Creek
company and Mr.. Stephenson, the late presi-
dent of the Metropolitan company and but
for his death would before this have I'M
doubtedly passed into formal agreement
duly executed. Mr.. Phillips is reported as
saying that his company did not believe that
Mr. Stephenson had entered into any agree
ment. but the fact is susceptible of proof by
the testimony Of five witnesses living and
accessible. Respectfully,
HENRY e. DAVIS,
Attorney for the Rock Creek Railway Co.
October 10. 1894.