The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1912-01-25
COL. ARMEsLOsES
IN SUIT TO TEST
THE TRANSFERRED
Municipal Court Judge Rules
the Plaintiff Has No
Cause Of Action.

Diminishing the suit In a brief opin.
Ion. Judge Robert H. Terrell, in Mu-
nicipal Court, today decided that Col.
George A. Armes has no cause for ac-
ton In his suit against the Washington
hallway and Electric Company, brought
to test the right of passengers to de-
mand universal transfers.
Colonel Armes was refused a transfer
by conductor Of the company to the
line of the Capital Traction Company
October 8, last, and filed suit for so
damages, later amending the petition
by asking for 10 cents damages the
amount paid In extra fares. He de-
clared 1t was matter Of public con-
Germ rather than private interest, the
test application of q certain act of Con-
gress to the problem Of universal trans
fers, which was being agitated.
In dismissing the suit, Judge Terrell
acting universal transfer bill. but
simply intended to provide transporta-
ton facilities for passengers on the pro-
posed line Of the Capital Railway Com
terialized. from the suburbs to the GEN.
ter of the city. He held the case at
bar could not be grounded on that act.
Approve of Act.
The act. under which Colonel Armes
sued was approved May %, 1896, and is
entitled, AN act to amend an act to
incorporate the Capital Railway Com
pany.,' The section of the amendment
which the plaintiff urged provided for
universal transfers, Is as follows:
THAT the Capital Railway Company.
the Metropolitan Railroad (now the
Washington Railway and Electric Com
pany). and the Capital Traction Com
pany are hereby required to issue free
transfers at the points Of Intersection
of their respective lines. so that by the
paymen of one fare a passenger on
either shall have the privilege of riding
over the lines of BOTH"
AttoI George p. Hoover, counsel
for the Washington Railway and Flee
tIic Company, took Issue with the plain
tiff on the Interpretation Of this sec
was sustained by Judge Terrell, who held
that Congress only intended free trans
fers should I've granted by these lines to
the other at the point where the Capital
raiwSy line might correct ns S With the
intended &c he at Eleventh and East
Capital streets. and where It might con-
meet with the lines Of the Capital
Traction Company, which was to be at
l. lSiht hSdi Va ouu IiShth seiSSeS
southeast.
'"The court is of the opinion" says
Judge Terrell, that Congress simply
intended by this act to provide for the
convenience OF passengers going to and
from the Anacostia side Of the Eastern
branch. making 1t possible for them to
reach the neart IT the city by paying
one fare. whether they selected the
route. along Eleventh street or whetheI
Traction Company. which ran sluns
Eighth street east II
Congress did not have In contempla-
ton at all the issuing Of transfers be-
tween the Capital Traction Company
and the Metropolitan railroad ut the
sc veral points OF intersection Of their
lines throughout the city, and the
Washington Railway and Electric Com
many oc cupies the same position in this
respect az did tire Metropolitan rail-
road, which Is the successor
1.-The judgment in this case, therefore,
Is for the defendant"
Attorneys Ralst0n. Siddons, and Rich
ards3a appeared for Colonel Armcs.