The Washington times., 1910-10-27

The new Washington and Baltimore
Transit Company. which has just start
ed gasolene car on a twO-miIe track
connecting Tacoma Park with the Four
teenth street line at Kennedy street
northwest, today faces a loss Of its
charter because Of delay N putting its
cars in operation
The company. which s. headed by
Washington real estate men opening
subdivisions alOnS it's tracks. Is ready
20 run a gasOiene car according 10 a
schedule submitted 70 the Commission
ers.
This schedule win be approved SO that
the little road may run its cars pend
ing an investigation Of its legal status
by the United States District Attorney.
Trouble Over Transfers.
More trouble IS expected when the
company begins 70 issue transfers 10
the Capital Traction Company's Four
teenth street line. with which IL claims
TO have made an agreement. II is
understood conductors on the Capital
Traction cars viii be ordered to issue
no transfers TO the new line, or 10 re-
ceive transfers issued by the Transit
Company.
The trouble over the legal status Of
the road came about through the al
legged failure OF the company 20 have
a car carrying passengers by May q
The original charter was granted by
Maryland. but an application 10 enter
the District was approved by Congress
on May y. 1895. This act provided that
unless line Of said railway shall be
completed, with cars running regularly
for the accommodation OF passengers.
within two years, the charter shall be
void"
Expected More Time.
Officers of the company declare they
were assured by the District Commis-
sioners that an extension Of time would
be granted. This was denied by Com
missioner W. V. Judson today. The
delay was said to have been caused by
decision 10 Introduce SaSOleue cars.
and thai the new cars would not work
satisfactorily.
Ine reIusaI Of the Capital Traction
Company 10 recognize the alleged trans
fer agreeemnt viii be followed imme-
dlately by a wit OF mandamUS COM
pelling the Interchange Of transfers. aC-
cOrdIng TO A r Lerch, attorney for ne
The question of transfers does not
come under the Jurisdiction OF the Com
missiOners, according 10 Major William
Y. JudSon-
"As soon as our schedule is approved
by the Commissioners. said A. +.
Lerch, legal representative Of the COM
pany, TO-DAY, eve viii ask for q man
damus compelling the Capital Traction
Company TO issue and receive transfers
from our line
Intend To Hold Charter.
The mere fact that we could not
complete the road on scheduled time will
not be the cause Of the forfeiture Of the
charter. Similar cases have been tried
in the United States courts. and IN no
instance has a charter been declared
void where there was reason for the
delay.
We hold we had cars running on
the new line within the time limit.
Whether they were running within the
requirements of the charter mSv be
disputed by the Commissioners, bun we
believe they were
Acting upon the alleged assurance OF
/ the Commissioners. Mr.. TerTil said
TODAY the cars went sent 10 the shop
to be overhauled and when the first
car was operated satisfactorily the
company submitted a schedule to the
Commissioners for approval They were
then told, MI. Terrill said, that the
charter was void according to the
! terms.