Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-10-13

transfers TO De given, Dpt IL Is Only ap-
plicable where former reciprocal track
j age arrangements between lines using
| different motor power are hereby forbid
/ den, and then only at such functions as
the Commissioners may prescribe
| transfers required by the act of 1894 are
| not required to be free 1t would be a
| waste Of time and money to endeavor to
enforce that act In the courts.
Intention Of Congress Good.
Your attention is now directed to a
section of an act passed In 1896. which at
first glance appears to require free trans
fers at all points Of intersection of the
lines of the Capital Traction Company
| with those of the Metropolitan company.
| In this case there can be no doubt that
| Congress intended that free transfers
should be issued at some points. The
question is, where!
THE Capital Railway Company was
chartered to build line starting in
and running north on 11th street south
| east to an intersection with the Lincoln
Park line at 18th and East Capitol. The
| evident intention was that free transfers
should be exchanged between the Metro
politan and the Capital railways at that
point. From the best information 1 can
gather the Capital railway never built
farther north on 18th street than NJ
street. and as the proposed intersection
never actually existed, the liability Of the
Metropolitan company never attached.
The Capital railway charter also al
lowed it to build from 18th and NJ. west
along NJ street to an intersection with the
navy yard line of the Capital Traction
the navy yard gate. I am informed that
this branch was actually built. but has
since been torn up, and, therefore, no
actual intersection existing. the Capital
TroR is md obi icof fnr1 IN ice,
free transfers to a line no longer exist
ing.
From the language of the whole act,
and not reading this section alone. think
require free transfers only at the two
points of intersection mentioned. Still. 1t
Is true, that the language used Is broad
enough to require the Capital TRACTION
the Metropolitan company wherever their
lines intersect.
1T is more than fifteen years since this
act was passed. and so far as can dis
cover it has always been construed as
not requiring the Capital Traction and
the Metropolitan to exchange transfers.
Where Danger Lies.
"A bill drafted in general terms-that
is. bill which requires all connecting
or all intersecting street railroads to is
sue free transfers-will run great danger
Of being declared unconstitutional by the
courts, because It would result in COM
polling the issue transfers at some one
or more points where they should not rea-
sonably be required. Perhaps a few con-
crete illustrations will make this point
clear.
"A passenger boards 9th street car
at the southeast corner Of the Center
market and rides north to 7th and U
streets, where he demands free trans
fer to the connecting Capital Traction
Company line and then rides back to the
exact point from which he started.
Congress may regulate but not con-
fiscate' under the guise Of regulation, and
the test applied by the courts Is whether
or not the legislation under scrutiny can
result in imposing unreasonable burdens.
II it does the court would probably de-
clare the whole act bad for that reason.
by drafting your act so as to name
the specific points at which free trans
fers shall be issued and in what direc-
ton you can avoid this danger Of having
your whole act declared void. If one of
the specific points should at any time be
declared by the court to constitute an
unreasonable requirement on the roads.
only that one point or paragraph Is
knocked out: all the rest remain.
Another advantage of naming specific
transfer points Is that you can name
points such as 18th and New York ave-
nue. where the Maryland lines neither
Capital Traction Company. similar
point is 18th and Pennsylvania avenue
where the Alexandra line neither con-
meets nor tntersects.
Should Fix Rate Of Division.
Another point well worth considering
in drafting your bill Is to have Congress
fix the rate at which the free transfers
shall be redeemed. If you don't you may
have to wait till the roads go to the
courts to fix the rate of division. and You
may have to wait a long time, as they
are not likely to be IN such a hurry as
you are to have the matter settled, II
meanwhile each can collect a full fare
IF your bill fixes a penalty be careful
to expressly state that 1t Is in addition to
and shall not take the place Of the COM
mon law remedies by mandamus. ETC.
Otherwise the companies may prefer to
pay penalty once in a while II they can
continue collecting two fares instead OF
one
Those present were F. c. Roberts.
Francis Benzler and George G. Seibold of
Columbia Typographical Union; p j.
Union; B. j. NOrthcutt, Lincoln Park;
w. A. Foster, Charles w. Darr and AL
fred z. Wood Of the Chamber of Conn
merce: Joseph jacob and George Gall of
H. Paynter, Northeast Citizens Associa-
ton; E. c. Palmer, D. S. Hoover and F.
NJ. Hoadley, North Washington: John r.
Downs. Howard A. Coonrb of Chevy
Chase; D. w. Edelin, and H. j. Clark of
Columbia Heights; o. H. Osterman of
Anacostia. NJ. NJ. Mclean of Brookland,
NJ. D. Baker of 1917 East Capitol street.
Bristow Adams. p. v. Heating, Charles
L. Mendel of 1870 Fort drive northeast;
S. s. Symons of 311S 18th street northeast,
R. F. Bradbury, c. A. Baker Of RandIe
Highlands; B. B. Jenkins of Takoma
Park. Walter Mcdowell of the Washing
ton Ad Club. Philip B. Bull of Petworth.
and E. w. Briggs of East Washington
Heights.
TONGUE ALMOST SEVERED.
Harry Liverpool Wounded in Pistol