Evening star., 1900-09-27
RAILWAY TRANSFERS
Mr.. R. W. Sheekells' Rejoinder in
Matter Under Discussion.
QUOTES ENACTMENTS BY CONGRESS-
Contention That Columbia Com
pany is Violating the Law.
THE ESERV ED RICH rs

Mr.. r. w Sheckells of 65 K street north
east was recently informed by the District
Commissioners, in response to communi-
cation Of his. that they have been advised
by their attorney that there is no law to
compel the street railway companies to Is
sue transfers at intersecting points MI
Skeckells has again addressed the Commits
sioners upon the subject. explaining tnat
his contention Is that the Columbia rail-
way no matter how now designated, must
issue a transfer to paying passenger
wishing 10 go south on 14th street, just as
IL Is now he charges. issuing transfers to
paying passengers going to Georgetown
careful reading of the several acts or Con-
gress granting railway franchises and the
various amendments thereto will not fail.
he believes, to convince the Commissioners
that this is mandatory, and in no sense
optional with the railway companies.
.I am aware" says Mr.. Sheckells, that
Assistant District Attorney Brandenburg
has rendered an opinion calculated to re
Heve the companies of this obligation. but
that opinion. / respectfully submit Is
founded in error and Is without warrant
in law reason and equity, and will not
stand the test of judicial examination. HIS
contention that neither the Great Fans ana
Washington Railway Company nor the
.syndicate. now operating all the lines but
the Capital Traction Company has not as
sumed the obligations imposed by the act
OF consolidation approved June D, lUO. can
have no force In determining the obl1ga-
tions Of the several companies under their
respective acts of Incorporation and amend
ment thereto.
ut is a wefl-known fact that the Great
Falls company technically declined TO ac-
cept under the act of June 5, 1900. because
that act limited Its capitalization to $1,oO,-
coo. while the syndicate-holding company
issued bonds to the extent OF x2OU,0OO,
thus adding p per cent to its obligations
and attempting to evade the explicit man
date of Congress In a spirit of generosity
l will admit the railway companies may re-
fuse TO issue transfers upon transfers, but
l insist that any refusal to issue transfer
al intersecting points to a paying passenger
is positive violation Of the law. and should
vitiate the charter of each and all offending
companies.
The Rights Reserved.
Every act of incorporation passed by
Congress explicitly reserves the right to
amend. alter or repeal, and pursuant to this
indisputable right Congress has directed
and required all the railways now operated
in the District by the syndicate to issue
transfers to all paying passengers at all
intersectfng points. Even the Capital Trac-
tion Company must and does issue a trans
fer to connecting lines on the payment Of
2 cents. as specifically directed by Con-
gress.
The most casual reading of The Laws
OF Congress Relating to Railway Fran
chises in the District Of Columbia as well
as the act passed March r. 1896 and the
Act Of Consolidation, approved June >,
1900, Will not fail to convince your honor
able board that the railway companies and
the railway syndicate have no right to re-
fuse. and cannot escape the obligation to
issue to paying passengers transfers at all
intersecting points for a continuous ride
That the erroneous and accommodating
nY he 1f1tvI
contrary to the law and utterly untenable
in law will not be controverted by any one
familiar with the several acts of Congress
in reference to railway franchises and even
the assistant district attorney would find
himself quite unequal to the task of con-
Yincing any court OF competent jurisdiction
TO the soundness of his contention.
1T is a well-known fact that any fra n sfer
OF railway or other corporate franchise in
wolves the assumption of all the obligations
imposed under such charter and new
owner Of such franchise must discharge all
the obligations incurred by the original in
corporators. BY no possible subterfuge and
under no possible circumstances can new
owner evade or refuse to comply with any
OF the original obligations
Provisions of the Law.
Under the provisions of section 3 Of the
act of May %. 1896 the Capital Railway
Company and the Metropolitan Railway
Company and the Capital Traction COMPANY
Were required TO issue free transfers at
points OF intersection. that for the paw
ment or one fare a passenger on either road
should have the privilege Of riding over
Doth lines Further. Congress enacted that
one fare (six tickets for 23 cents) should
entltle passenger to ride for the entire
length OF either main or branch line thus
necessitattng transfer free) In case Of a
change from main to a branch or vice
versa.
Section ;. act of August 2. 1894, required
the Metropolitan Railway Company to
make reciprocal transfer ARRANGEMENTS
with connecting railways such as the pub
hc convenience may require. Under this
act the Metropolitan and all other lines
Were required to arrange for reciprocal
trackage and transfers This action on the
part Of Congress was founded upon the
SGpposition that such an interchange of
transfers and transfer facilities would
prove mutually advantageous, and, in order
that the purpose of Congress might not be
defeated or evaded, Ii was provided that
failure 10 reach such an agreement should
De referred 10 court for final and absolute
determination
Inasmuch as 1t Is not the prerogative Of
any railway company to refuse compliance
with congressional requirement. and mas
much as the obligat tions of the original in
corporators rest upon their SUCCESSORS it
logically follows that any violation must
incur the usual consequences and yitiate
the charter. As representing the will of
Congress In this matter 1t becomes tie
obvious duty OF the board Of Commission
cIs ~ Sucn action IN the courts
as viii enforce the mandates OF Congress-
The injection Of an element of doubt by
the assistant district attorney when he sug-
gests that the Washington and Great Falls
railway never accepted under the act of
June D. 1899, and that the syndicate or
holding company is equally exempt from
It's obligation Is wholly gratuitous. and
without even a semblance OF warrant In
law.
Insists Upon His Point.
cd ho oh;
and Great Falls Railway Company. as an
afterthought. declined to formally accept
simply that the holding company might
capitalize at $20OO.oO0 instead Of 81 500 900.
as prescribed by the act of June s. 1900. In
conclusion, l insist that l am entitled to a
transfer from the Columbia line to the
Metropolitan south of 14th street and New
York avenue, and also to transfer from
at 18th street and New York avenue in
= order that paying passenger living con-
uguous TO II street northeast may go to or
return from either the Baltimore and Ohio
depot or Lincoln Park at an expense of but
one fare each way. VIII the board protect
citizens situated as / am in our indisput-
able rights?
Mr.. Sheckells' communication has been
noted by the Engineer Commissioner and
its receipt ackno wledged, but no further
action has been taken upon II by the Com
missionerS.
Training Ship Hawk Aground.