The times. [volume] (Washington [D.C.]) 1897-1901, 1900-08-22
COMPANY'S RULE UPHELD
Passengers on Brightwood Line
Not Entitled to Transfers.
The Assistant Attorney for the Dis
trict submits Opinion TO the
Commissioners-Stat Ahectths
the metropolitan Railroad - The
Regulations of 1894 i'm Force.


Clarence A. Brandsnburg. Assistant At
torney for the District, yesterday forward
ed to the Commissioners his opinion upon
the enquiry raised by Isle Morrison as the
authority under existing laws of the Wash
ingtcu Traction and Electric Company to
exact more than enc fare of 1--WE cents or
one ticket at the rate of six tickets for 20
cents, between TakoIns Park and Fifteenth
Street northwest, over the lines of the
Brlghtwood Railroad Company and the
Metropolitan Railway Company.
The letter of Mr.. Morrison and his dis
cussion of the subject were recently pub
lished in The Times, ard was last week re-
ferred to the Attorney for an opinion.
In his letter to the Commissioners Mr..
Brandenburg says; 1T appears that for
the past five or six months passengers on
the Brightwood Railway Company were
given free transfers at the terminus OF
that road for continuous ride over the
line of the Metropolitan Railroad Company,
but that under a new arrangement, an
nouneed by the Washington Traction ard
Electric Company. free transfers will be
discontinued on September l, and passea-
gers desiring to transfer to the Metropoli-
tan Railroad Company will be required to
purchase four coupon tickets for % cents,
good for one continuous ride in the Dis
trct of Columbia over the line OF the
Brightwood Railway Company andd he line
OF the Metropolitan Railroad Company, and
the question presented is as TO the right of
the companies in question to discontinue
the free transfer system now in force AID
to exact this increased fare.
The Brightwood Railway Company OF
the District Of Columbia was incorporated
by act of Congress approved October is,
1883. Section l of said act provides, a ons
other things, as follows:
- Said company shall receive a rate OF
fare not exceeding 5 cents for each passen-
ger for each continuous ride between all
points of its line, but shall sell six tickets
for % cents
by act of Congress approved February
q. 1888 OF Stat. 49o). being An act to
amend the charter of the Brightwood Rail-
bia,' section ., it was provided:
And the said BTightwood Railway
shall charge not exceeding cents fare
for one continuous ride from any point on
its line to the terminus of its main line
or any of its branches
section OF the act of Congress ap-
proved August ?, 1894 (2S Stat. 30 being
An act to authorize the Metropolitan
Railroad Company 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
Immediately to make reciprocal transfer
arrangements with street railroad COM
panies whose lines now connect with its
lines and to furnish such facilities there
for as the public convenience may require.
Upon completion OF the underground cleo
trio system provided for in this act the
said Metropolitan Railroad Company is
hereby further authorized and required
TO enter into reciprocal trackage arrange
ments with connecting roads. The sched-
ules and compensation shall be mutually
agreed upon Provided that every
street railway company in the District OF
Columbia whose lines connect, or whose
lines may hereafter connect with the lines
of any ether street railway company, is
hereby subject TO the same requirements
as 10 transfer and trackage arrangements,
and upon similar conditions as in this
section provided in the case of the Metro
politan Railroad Company and the lines
connecting herewith
The LAW Still in Force.
1T is suggested that the foregoing law
is now in force and controls the question
presented. While I 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 now under consideration,
nevertheless it is apparent that this law,
50 far as it relates to transfer arrange
ments,' is Indefinite and uncertain. At
least it is clear that it does not require
the interchange of free transfers 1t VIII
be noted it fails TO provide that the ar
rangements shall involve the granting OF
free transfers 1t does not provide upon
what terms the reciprocal transfer ar
rangements shall be made; on the con-
uary. il obviously c0ntemplates that it
shall be left open for determination by the
companies themselves, as it merely au-
thoriZes and requires the Metropolitan
Company to make arrangements without
limitation. Moreover. even this duty is
imposed upon the Metropolitan Railroad
alone, no obligation resting upon the roads
whose lines now connect with its (ths
Metropolitan lines Nor does it provide
VINO shall determine whether any arrange
ments. when effected, are such as the
public convenience may require 1t does
not provide that IL arrangements are
made. that the public shall receive the
benett OF them free of charge. No ar
rangements' would seem to be necessary
in order to have enc compa ny give free
transfers over the line Of another. More
over. that this clause did not contemplate
free transfers would seem to be further
apparent from the District of Columbia
Appropriation act approved June II, 1896,
amending section OF the act Of August 2.
1894, above quoted. by adding thereto a
provision to the following effect:
That any suburban street railroad com
pany in the District OF Columbia inter-
secting or connecting with any urban
street railroad may have such number OF
its trail cHrs drawn by such urban rail-
road for the TRANSPORTATION OF through
passengers. The compensation therefor
and all other matters relating thereto in
the event Of said railroad companies be-
ing unable to agree between themselves
shall be decided by said Supreme Court.
Provided further. That in no event shall
any railroad company be entitled under
said law providing for trackage arrange
ments or under the provisions of this act
10 collect fares except from such pas
sengers as board the cars upon their own
line"
THE clause last quoted indicates that
even for the privilege Of transporting its
own passengers in its own cars over the
line OF the Metropolitan Railroe4 Com
pany. the Brightwood Railway Company
is required TO pay therefor and IL Is hard