Evening star., 1911-09-01
TRANSFER FIGHT ON
Capital Traction Company Or
dered to Appear in Court.
SUBURBAN LINE PLAINTIFF
Wants to Issue Transfers Good
Within the City.
OLD STATUTE Is INVOKED
Protracted Struggle Expected After
Issues Have Been Joined-City
Lines Plan Fight.
OLD STATUTE IS INVOKED

supreme court. the petition charging tnat
the defendant corporation refused to
honor transfers Of the complaining trac-
tion line. In violation Of law.
This is the inauguration of what prom
ises to be q long and stubborn fight for
and against universal transfers. The
right of Congress to enact legislation OF
this character is involved.
The proceedings are ciaimeo 70 De
unique. There is no precedent IN ntiga-
tion in the United States to indicate TO
court or counsel the gay to go ABOUT the
suit. Justice Stafford Is blazing way
and directing the course to be pursued.
Case Comes to Court.
The matter was laid before him last
week in q petition by the complaining
corporation, through its attorneys,
Henry w. Williams, q Baltimore law
yer, and president OF the railroad be-
fore it went into the hands Of q re-
ceiver. and Harry r. Lerch Of WASH
ington.' Justice Stafford. after con-
ference with the lawyers, authorised
them to bring suit, in equity, In the
Supreme Court.
respondence with the receiver. A. l.
Shreve Of the Baltimore and Washing
ton Transit Company. declined to enter
into agreement for reciprocal transfers,
and also denied that any obligation in
law. rested upon his corporation to do
SO. This was In reply to letter from
counsel for the Baltimore and Wash
ington Transit Company. addressed to
President George E. Hamilton. as fol-
lows:
"As attorneys for the receiver Of the
Baltimore and Washington Transit
Company of Maryland we beg to notify
you that on Sunday, the 27th instant.
there will be issued by the conductors
of the cars Of this company transfers
to passengers desiring the same to con-
from the intersection of 14th and Ken
nedy streets, in accordance with the
provisions of the acts Of Congress ap-
proved June s. 1896, May 20. 1908. and
February 2, 1911, which statutes author
ize the Baltimore and Washington
duct its business as a carrier Of pas
sengers within the District of Column
bia.
Willing to Accept Them.
ION behalf Of the receiver, we beg to
inform you that this company will ac-
cept transfers issued by your line to pas
over the line of this company, and we
would thank you to send us q form of
transfer which you propose to use for
this purpose. We are. attaching hereto
form Of transfer to be used by us.
''The receiver of this company will ad-
just the accounts which will arise be-
tween; your company and the Baltimore
and Washington Transit Company of
Maryland at such time as may be mutu-
ally agreed upon, and IL desired will Sc
cure your company against any loss by
reason OF the exchange of transfers in
such way as may be agreed upon.'
In the reply of President Hamilton he
said:
"Your letter Of August 25 received. The
Capital Traction Company, as heretofore
stated to the Baltimore and Washington
Transit Company and it's officers both
orally and in writing, will not issue to or
receive from the Baltimore and Washing
ton Transit Company transfers. and ac-
cordingly the forms OF transfers, inclosed
in your letter. are returned, and our con-
ductors have been instructed not to re-
ceive any transfers issued by said Bal
timore and Washington Transit Company.
Our refusal to enter into q transfer ar
rangement with said company or to
recognize any legal duty in the premises
and the grounds of that position have
been 80 often and SO fully stated as to
require no further reiteration at this time
The last letter addressed to said company
on this subject was addressed to Mr.. Will
liam A. Mellon, vice president and gen.
eral manager. and dated May %, 1910.''
Transfers Not Accepted.
Transfers were issued August q, the
day on which the Baltimore and. Wash
ington Tronsit~ Company operated its first
cars, to passengers riding to the inter-
section OF 14th and Kennedy streets, the
point Of intersection with the line of the
Of the Capital Traction Company cars
refused to honor them. and exacted addi-
tional fares Of passengers rendering them.
There are two acts of Congress upon
which the litigation is based. as warrant
for the reciprocal transfer arrangement.
One Is q general law to govern all trac-
tion corporations in the District of CO.
lumbia, dated August 2. 1894. The other
Is a provision OF the act Incorporating
the Baltimore and Washington Transit
Company. particularly requiring the ex-
change Of passengers for one fare be-
tween the two companies, specifically
named.
Section 5 OF the act of August 2, 1894,
reads:
.'That the Metropolitan Railroad Com
pany is hereby authorized and required
Immediately to make reciprocal transfer
arrangements with street railroad COM
lines. and to furnish such facilities there
for as the public convenience may re-
quire Upon he completion of the un-
derground electric system provided for in
this act. the said Metropolitan Railroad
Company is hereby further authorized
and required to enter into reciprocal
trackage arrangements with connecting
roads. The schedules and compensa-
ton shall be mutually agreed upon be-
tween the said Metropolitan Railroad
Company and the companies whose lines
it's lines connect. and in any case of fall
ure to reach such mutual agreement, the
matters in dispute shall be determined
by the Supreme Court of the District OF
Columbia, upon petition filed by either
party: Provided, That every street rail-
way company in the District OF Columbia
whose lines connect, or whose lines may
hereafter connect. with the lines OF any
other street railway company. is hereby
transfers 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 provision in the charter of the
Washington and Baltimore Transit
Company la section in the incorporat-
| ing act. and reads:
THAT the said company. in conjunc-
| tion with the Capital Traction Com
pany, may receive rate OF fare not
exceeding 5 cents for each passenger
| for one continuous ride over the route
aforesaid, and the route OF the said
District Of Columbia. or any part there
81, and shall sell tickets at the rate
OF six for 25 cents" $50
search of the acts OF Congress reveal
no later enactment that would nullify
or modify these provisions. as far as
pany have, baen able to determine. In
this opinion, the proceedings were in
| stituted.
| The petition. filed this morning. prays
that the Capital Traction Company be
required Immediately to make re-