Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-01-15

for each OF which, or part thereof. a pas
senger fare OF ) cents was charged. Tho
act supra required the company TO divide
the line into not exceeding three zones.
the first to extend from the District Inc
to stated point about three and half
miles beyond. and the others TO he az
nearly equal as the conditions would per
NIT. and II was provided that the rate
or fare from each zone. or part OF a zone.
should not exceed cents. There is no
provision 10 the effect that the Washing
ton and Rockville Railway Company shall
charge fare of ) cents between Somerset
and the District line. So far as than
less than . cents and may accord FREQ
service or special Communication rates.
Testimony was introduced by defends
ants to show that prior to June 1. 1910.
Somerset and the District line was per-
formed rs q gratuitous service. From
other evidence OF record. however. IL ap-
pears that both prior and subsequent To
to collect fares from passengers boarding
the cars at Somerset, Immediately upon
leaving that point. and before the cars
reached the District line. II has also
been the custom to charge and collec.
erset and Friendship Heights. In either
direction.
These facts are not consistent with the
theory that the service was free, espe-
cially in, view OF the insistence by de-
PENDANTS that all fares collected on the
Washington and Rockville line belong to
that company.
Another Maryland statute enacted BY
the same legislature that passed the one
Just considered is also relied on by de-
PENDANTS. That Is a general statute
creating public service commission with
jurisdiction over common carriers within
the state. which prohibits the granting OF
rAa NJ M ~ 80 fSSvn hxru t,rh roV
ut is argued that the terms OF this
general statute are controlling. and there
fore that the Washington & Rockville
company could not lawfully give the free
transportation allowed under the act frs
referred to. which In special and local in
its application. But II Is not necessary
to grant free transportation as to any.
part OF the service In order TO apply the
and points in the District. Nor wouLl
such a course be lawful under the act 4,
regulate commerce.
Grounds Of Defense Unsound.
Our conclusion is that the grounds
of denfese urged by defendants are
unsound and can not be sustained.
THE defendants have made no ef-
fort to discharge the burden placed
upon them by the statute to prove
that the increased fare 10 Just and rea-
sohable. We accordingly ind that de-
PENDANTS. having failed to Justify the
Increased fare for passenger travel be-
tween Somerset. Md. and points In the
District OF Columbia. herein complain
ed OF. that the same 10 unjust and un-
reasonable to the extent that IL ex-
ceeds the fare continuously applied
between these points for more than
fare will be prescribed for the future
An order will be entered accordingly"
The order. which was entered at a gen.
eral session of the commission, January
8. 1912, with Commissioners Clements.
Prouty. Lane. Clark. Harlan. Mcchord
and Meyer present and asserting. reads
Citizens Of Somerset. Drummond and
Friendship Heights, Md. against
a aSo renSsy
town Railway Company: Washington and
Rockville Railway Company. and
George Weems Williams, receiver thereof.
thereof
This case being at issue upon COM
plant and answers on file. and hay-
ing been duly heard and submitted by
the parties, and full investigation OF
the matters and things involved hav-
ing. on the date hereof. made and filed
q report containing its findings OF
fact and conclusions thereon, which
said report is hereby referred to and
maze q part neTeOl.
1t is ordered that the above-named
defendants be, and they are hereby.
notified and required. on or before the
Goth day Of February. 1912. to cease
and desist. and for q period Of two
years thereafter to abstain. from
charging. demanding. collecting or re-
ceiying their present fares for the
transportation OF passengers between
Somerset, In the state of Maryland. AMI
points in the District Of Columbia
Question Of Appeal Unsettled.
1t is further ordered that said defend
ants be, and they are hereby, notified
and required. on or before tn s. Goth day I
Of February. 1912, to establish, and
for a period of two years thereafter to
maintain. and apply to the transporta-
ton of passengers between Somerset.
in the state OF Maryland. and points in
the District Of Columbia served by any
of their lines, a fare not In excess OF
8 cents cash. or six fares for 20 cents.
Attorney George p. Hoover. counsel for
the Washington Railway and Electric
Company and the Georgetown and Ten
nallytown Railway Company. this after
noon said he could not determine, until
he had a conference with the officers OF
the companies. whether an appeal would
be taken from the ruling OF the commits
sion. He intimated II as probable. how
go chat <hare would q an appeal