The Washington times., 1904-10-06
The BTiqhlWood Car Service.

/ ne DTlQltWOOQ OdT Service.
In a clear and forcefuI letter which
The Times published yesterday, Mr..
Blair Lee, a prominent attorney and
a leading citizen, proposes this means
/ Of compelling the BrightwOod Elec-
trio Railway to provide its patrons
with a service commensurate with
their needs:
The question that arises upon this plain state
meuJ of the law is whether OF not a. is the
duty Ci the Commissioners 10 investigate and
ascertain rhe fact that the charter requirement
has been violated for years. to then give the
road reasonable notice 20 comply with Its char
ter and then, upon further failure 20 comply
with the charter, proceed in the courts Of the
District for a forfeiture oi the charter.
This would seem 70 be the duty Of the mu-
Hicipaliry, with its ample force Of trained legal
advisers, and should not be left 10 the public OF
10 the initiative Of private citizens.
1t viii be observed that Mr.. Lees
/ premises involve a distinct legal
right on the part Of khe District Com
missiOneTs TO proceed against the
railroad company In the courts and
/ compel the forfeiture Of its charter.
That action, according to previous
/ statements from the District building,
/ is prescribed by lack Of specific legis-
latiOn, and The Times-proceeding
/ upon the construction of the law ac-
/ cepted by the District government
/ has maintained that the responsible
/ ~ for the permanent Improvement OF
+ the District suburban street car sci
vice rested with the citizens of the
I District, and not with the Commits
sioners. who had already done their
utmost TO have enacted a law fixing
reasonable penalties for the disregard
+ OF such charters.
/ The Commissioners now reiterate
this position. Notwithstanding a cita-
ton of the law in the case by MI
Lee, which seems to The Times to be
/ exceptionally foTceful. In answer 10
Mr.. Lee they say;
/ The franchises Of the various street railway
/ companies Operating In the District were grant
/ ed By Congress, and, except in cases where Con
/ gress has placed upon the Commissioner the
\ duty ci enforcing the provisions Of thee char
/ tiers b. an adequate penalty clause, the power
I Of enforcing such provisions rests with Con-
gress and the remedy IS, as stated in the article
\ b. forfeiture Of the charter.
The Commissioners in a somewhat
similar case were advised by the Cor
! poratOn Counsel as follows:
/ The charter OF this company was grant from
/ the Congress Of the United States. The Com
u
vested with authority % proceed against cor
! porati0n thus organized TO have its charter and
franchises forfeited because Of misuse, abuse CT
H0u-u=e Of its corporate powers and franehis=--
I In emphasis OF this statement Com
missioner West says further:
/ As 70 the Commissioner authority % revoke
/ a charter u themselves, We depend GA the opln-
/ ion Of the Corporation Counsel quoted In our
/ o1Haial statement. Further than that we can
not 20.
/ 1t is evident that the Commission
/ ers do not regard themselves as quail
flied by law to proceed before the
/ courts for the forfeiture Of this char
/ ter. That the terms Of the charter
/ are violated is not denied anywhere
I Even IL it were denied the company
/ stands convicted OF it by the files of
/ every newspaper In Washington
I which published the details OF q con
trOversy over this same subject about
three years ago. At that time the
/ railroad company announced dat-foot-
/ ed that il ths citizens OF BrightWOOd
/ proceeded in the courts TO compel an
! observance of the roads charter il
would impose an added charge of 2
/ cents Tor each passenger In spite OF
/ this situation the Commissioners see
I no remedy within their power except
the establishment by Congress Of pen
alties for the uon-fulhllment of the
| charter.
The city is compelled to accept the
I view OF the Commissioners. Lawyers
/ may cite-and some Of them will sure
/ ly do sO-a dozen instances where the
/ District has entered suit on behalf OF
| its people and carried those suits to
valuable yerdicts. The people of the
District may question. as The Times
does, the position that the Congress.
which granted the charter IS the only
power which can withdraw il, while
I Congress specifically determined that
the charter should be forfeited II II
were not fulfilled. The railroad com
pany may recall with a SILVER its
threat Of reprisaI If the patrons Of the
road invoked the protection OF the