Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-08-21
FREE JRANSF Frs
ii ~
Passengers Of Brightwood Railway
Not Entitled to Them.
OPINION BY ATTORNEY BRANDEEBERG
Submitted on Question Propounded
to Commissioners.
QUOTATIONS FROM THE LAW

attorney for the District of Columbia, In
| an official opinion rendered to the District
Commissioners today, holds that passen-
gers of the Brightwood Railway Company
are not entitled to free transfers to the
Metropolitan Railroad Company, and that
the act of February %, 1905, authorizing
and requiring the Brightwood company to
sell four coupon tickets for 20 cents, good
for one continuous ride in the District over
the lines of that company and the Metro
politan railroad, is still in force.
Mr.. Brandenberg's opinion deals with the
status of the railroad syndicate or Wash
ington Traction and Electric Company, and
the power of the authorities concerning the
compelling of transfer privileges The sym
dicate he says. is nothing more nor less
than a holding company" holding the
stocks and bonds of the local companies as
a basis for the issue of stocks and bonds,
without the power. if 1T so desired, TO ef.
fect merge or consolidation or ;he local
street railroad companies.
The opinion Of the attorney was submit
ted on the communication of lAisle Morri-
son. and request for information as to the
authority, under existing law, of the wash
1nSton Traction and Electric company TO
exact more than one fare of cents or one
| ticket at the rate Of six for % cents be-
tween Takoma Park, D. c., and 10th street
northwest, over the lines of the Bright
wood and Metropolitan railroads.
1T appears" says Mr. Brandenberg. that
for the past five six months passengers
on the Brfghtwood Railway Company were
given free transfers at the terminus Of that
road Tor continuous ride over the line OF
the Metropolitan Railway Company, but
that under a new arrangement, announced
by the Washington Traction and Electric
Company, free transfers will be discon-
tinued on September 1, and passengers de-
string to transfer to the Metropolitan Rail-
road Company will be required to purchase
four coupon tickets for % cents, good for
one continuous ride in the District of Co
lunibfa over the line of the Brghtwood
Railway Company and the line of the Met
ropolitan Railroad Company, and the ques-
ton presented is as to the right of the COM
panies in question to discontinue the free
transfer system now in force and to exact
this increased fare.
Act of Incorporation.
1.-The Brightwood Railway Company Of
| the District of Columbia was Incorporated
by act of Congress approved October IS.
1888. Section l of said act provides, among
other things. as follows:
Said company shall receive a rate of
fare not exceeding cents for each pas
senger for each continuous ride between all
points of its line, but shall sell six tickets
for % cents
by act of Congress approved February
81 1893 CT Stat. 49U. being IAN act to
amend the charter of the Brightwood Rail-
way Company of the District of Columbia
section =, 1t was provided.
" And the said BrghtWood railway shall
charge not exceeding cents fare for one
continuous ride from any point on its line
to the terminus of It's main line or any of
it's branches
Section ) of the act of Congress approved
August ., 1894 (2s Stat. 2l1) being AN act
to authorize the Metropolitan Railroad Com
pany to change its motive power for the
propulsion of the cars of said company
provides as follows:
That the Metropolitan Railroad Com
pany is hereby authorized and required i'm
mediately to make reciprocal transfer ar
rangements with street railroad companies
whose lines now connect with its lines and
to furnish such facilities therefor as the
public convenience may require. Upon COM
pletion Of the underground electric system
provided for In this act the said Metropoli-
tan Railroad Company is hereby further
authorized and required to enter into re-
ciprocal trackage arrangements with con-
Meeting roads. The schedules and COM
pensation shall be mutually agreed upon
Provided. that every street rail-
way company in the District of Columbia
whose lines connect, whose lines may
hereafter connect with the lines of any
other street railway company, Is hereby
subject to the same requirements as to
transfer and trackage arrangements, and
upon similar conditions as in this section
provided in the case of the Metropolitan
Railroad Company and the lines connect
ing herewith
Indefinite and Uncertain.
1T is suggested that the foregoing law
is now in force and controls the question
presented While | do not consider that
the construction of this section and a de-
termination of the scope and effect Of its
provisions is essential for the disposition of
the question under consideration.
nevertheless 1T is apparent that this law,
so far as it relates to transfer arrange
ments' is indefinite and uncertain. At
ieast ii is clear that it does not require the
of n
1T will be noted 1t fails to provide that
the arrangements shall involve the grant
ing of free transfers 1t does not provide
unon what terms the reciprocal transfer
ARRANGEMENTS shall be made: on the con-
trary IT obviously contempiates that 1t
shall be left open for determination by the
cnmrr mics themselves, it merely author
izes and requires the Metropolitan Com
nany to make arrangements without lin
itation Moreover, even this duty is i'm
nosed uDon the Metropolitan railroad alone
no obligation resting upon the roads whose
lines now connect with its Ghe Metropol-
tam lines Nor does it provide who shall
determine whether any arrangements, when
effected are such as the public convent
ence may require lit does not provide
that IL arrangements are made that the
nubUc shall receive the benefit of them free
VI arr < world