Evening star., 1898-11-07
Answer of the Metropolitan Co. to
the Brightwood Street Railroad.
SYSTEM OF RECIPROCAL TRANSFERS
Metropolitan Co. Also Files a Bill
Asking for an Injunction.
T H E OSITION TAKEN


rangements between the two roads
The answer AYERS, in substance
The Metropolitan Railroad Company Is
| now and has always been ready to enter
| into free reciprocal transfer arrangement
with the Brightwood company for the
transportation of their respective passen-
gers over thear respective lines for one
| fare, and also that it is and has been ready
and willing to draw such reasonable
number of trail cars of the Brightwood
; road over its tracks for the transportation
or through passengers as shall not in the
| judgment of the Supreme Court of the Dis
| trict of Columbia be to the undue detriment
OF the Metropolitan company as it is re-
quired to do by the act of Congress of June
IL, 1896 but that the Brightwood company
mas always refused to enter into any free
transfer arrangement and has never ten
dered to the Metropolitan road nor request
ed 1t TO haul any trail cars, nor has the
Brlghtwood company any cars fit and suit
able to be drawn over the tracks of the
Metropolitan road.
What the Law Requires.
1t denies that it is required by law to
provide electric power and to give the use
or its electric apparatus to enable the
Brightwood Company to run it's motors on
| the tracks of the Metropolitan road.
1t denies that the act of Congress of An
| gust. 1894, which requires the Metropolitan
road to make 'trackage arrangements
with connecting roads contemplates or re-
quires the Metropolitan road to supply
power, appliances and conductors and mo-
| tormen for the motor cars of the Bright
wood Company while on it's tracks
1t AYERS that the term "trackage ar
| rangements' as universally understood, ac-
cepted and used by railroad companies and
In the business world means the use of
tracks for the movement of the cars of
other companies under the control, man
agement and direction of the COMPANY
owning the tracks.
Use of Trail Cars.
1t AYERS that the sense in which Con-
gress intended the term "traokage arrange
ment' employed in the act of August 81
1894, to be understood is made plain by
the provisions of the act of June H. 1896
which requires the Metropolitan Compa ny
10 draw suitable number of trail cars for
the use OF the through passengers of the
Brightwood road.
1t AYERS that the equipment and appara-
tuS or the metropolitan road is sufficient to
generate electric power for the movement
OF Its own cars, but that it was not cal
cuiated for and is not sufficient to move
the cars of the Brightwood road and the
cars of other suburban roads; that the
BriShtWoCd company has now no motor or
other cars fit or suitable to run on the
tracks of the Metropolitan road; that the
metropolitan road has not been informed
how or with what appliances the Bright
wood company proposes to equip its cars:
that the admission of the Brightwood cars
over the tracks of the METROPOLITAN road
would inevitably interfere with. injure and
soon destroy the efficiency of the service
now given by the Metropolitan road on its
9th street line, and would injure and break
down the conduit and electrical appliances
used therein by the Metropolitan company.
Some Other Difficulties.
That no provision now exists for the
crossing over of cars from one track to the
other on the said 9th street line in front of
the Baltimore and Potomac station, to
which the Brightwood road desires to run
| its cars, and that in any event it would be
| impossible for the Brightwood road to put
off and take on passengers at that point
without obstructing the cars of the Metro
pOitan line and obStructing the great and
increasing travel at that point; that tie
admission of the motor of the BrightwoCd
company on to the Metropolitan tracks,
there to be managed by the motormen and
conductors of the Brightwood road, would
cause confusion and ine1ficiency in the busi-
ness and service of the Metropolitan road
and would increase its responsibility and SO
diminish its revenues to interfere with
and probably prevent it from meeting the
interest on the obligations which it has in
CURED in order to carry out the require
mentS of Congress; that the schedule pro-
posed by the Brightwood company for the
running Of its cars on the Metropolitan
road would require the occupa ton of the
Metropolitan tracks by the Br1ghtwood
cars for nearly third part of the day and
night, and is wholly unreasonable in view
of the small number of the Brightwood
through passengers who would desire to
traN IL on the Metropolitan line and the
needs of the public that the Metropolitan
company is entitled to collect and appro-
pirate all fares from all passengers board
ing the cars on its tracks and travelling
thereon and to all profits resulting from
the transportation of such passengers and
any arrangement by which the Brightwocd
company would be entitled to collect fares
from passengers boarding the cars Of the
Metropolitan road on its tracks, and derry
ing ofitstherefor. would be unjust to the
Metropolitan company and in plain viola
ton of the law.
No JurisdictiOn.
The answer further AYERS that inasmuch
| as the Brigbtwood company did not, be-
fore the filing of its petition and amended
petition, present ally schedules or suggest
any measure or amount of compensation
for the use of the Metropolitan tracks and
ir rasmuch the law only provides that
the schedules and compensation shall be
determined by the court in the event of
the failure of the two companies to agree
as to schedules and compensation, the
court has not at the present time, and un-
der existing circumstances, any jursdic-
ton of the subject matter of the petition
| and the amendments thereof
Asks for an Injunction.
The Metropolitan Railroad Company to-
day filed a bill in the Equity Court for an
Injunction against the Brightwood Railway
Company, in which it alleges:
That by the act of Congress of August 2,
1894, requiring the Metropolitan company
to equip it's lines with underground
electric system, it was also required to
make reciprocal transfer arrangements
| with connecting roads.
That as soon as it's lines were equipped
with the underground system. required
by Congress, it proposed a free reciprocal
transfer arrangement to the Brightwood
road, by which the passengers of each road
should be transferred to and transported
over the lines of the other road for one
fare.
That this proposition perempto-ily
refused by the Brightwocd road.
That the same proposition has been again
and again made to the Brightwood road,
but has always been refused.
Free Transfers.
That the Metropolitan company is now
and always has been willing and now ten