The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-10-05

been violated for years. to then give the
road reasonable notice 20 comply with
ure TO comply with the charter, proceed
~ the courts ofhthe District for q for
telture Of the charter.
This would seem TO be the duty u
the municipality, With its ample force Of
trained legal advisers. and should not
PC leLt 20 the public or 20 the initlatlVs
OF private c-tizeus.
Forfeiture Of Charter.
Minor infractl0ns OF charter do not
justify proceeding for its forfeiture.
The general rule Of forfeiture may be
taken as faiCly expressed In the follow
ing quotation from Booths Street RAN.
way Law a standard text book, page ~
article 81
but as general rule it may Be
stated that " the company grossly
fails IN the performance OF vital du-
ties essential TO the efficiency OF the
service which it IS bound 20 give,
such conduct VIII constitute "a mis-
user Of its franchise on account of
which Il may be forfeited TO the
State"
It VII be observed that the duty not
performed by the street railway CONF
planned OF is the most Vitsi one with
which it IS charged, namely, carrying on
passengers with regularity and Euf-
hcienJ frequency. The failure Of the
railroad In Lnls instance IS not only
generaI-iu view of increase I'm Uopula-
uOn-Dut IS In direct d1soDedlence OF the
law Of Congress expressed In It's charter
directing that cars should be run at In
tervais Of fifteen minutes.
Railway Oncials' Threat.
In this connection il is proper to state
that the railroad authorities. whenever
these feature Of the charter have been
called to their attention, have threat
ened, If the charter Is insisted upon, 70
exact under certain statutes held 10 be
In force. an extra fare from all pas
sengers travelling over this road
This is merely "a threat ana could not
and would not be put into execution DT
the railroad for several reasons one OK
these reasons ls that the representa-
tlVas Of the road, In securing the Enoci-
dCatiOus OF law, under which the whole
sys-Sm is now combined as one Lrac-
ton company. represented y the com
charge but one fare I'm the District Of
Columbia. Conduct Inconsistent with
these representations would be fraudu-
lent as against the legislature ana tli5
public and would subject the road 90
litigation In which 10 would be surely
WOrsted. involving ln5uncLlons ana dz-il-
age suits by property holders.
Won't Bite OF It's Own Nose.
Another consideration which would
prevent the road from doing anything 70
lessen traffic on BrightWood Avenue IS
its own interest which is involved I'm
the large anu lAtt- E-l--l-e -fs-1---i-1 -eA'tt
done on that street, where its cars are
running in each direction always Luit
enough 10 give a profit 10 the road and
frequently. as you know, too Tuu FOR
public comfort
In recent editorial you call upon the
citizens associations 70 put M or smut
up." as III were. on this subject or Tl41!-
road transit etc. If you VIII publish
this statement and lend your support 20
the Citizens associations In q vigorous
eff0rt 10 compel action by the COmunls-
sioners you viii put your paper 4oL
onIv fn q commanding position so Ear
~ It's sincerity Is concerned, but also
as a champion OF local rights Respect
fully, yours. % L4-aLEt L- @-1s-r
Member Of Citizens AssQc1atlgHr.s
Washington, j.. c., Oct