Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-06-02
WILL NOW ENFORCE
LAW ON TRANSFERS
Public Utilities Commission
Decides to Stand Firm
on Question.
ACTION Is IN REGARD
TO THE HEROIC LINE
May Mean Constitutionality of the
Act Will Be Tested in
Supreme Court.

\ decision 10 enforce To the !.ti.. the
act Of congress approved August ~. 1911.
requiring the exchange ~ transfers be
tween the street car aud herdic line at
l1th street and Pennsylvania and New
YORK aNennes was reached This AFTERNOON
BY the public utilities commission. fol-
lowing il public hearing conducted in the
hoardroon Of TIE Municipal building
The Capital Traction and Washing 1on
Railway ami Electric companies at
tnrneys for whom vigorously denied the
commissioners jurisdiction III the matter.
Will lie immediately ordered to comply
with tile law by entering into reciprocal
transfer relations with The Metropolitan
toach cnmpanv at THE intersecting
points designated.
Failure of the corporations TO obey
the order will To-. followed by the in
situation OF legal proceedings by the
public service beard. which may he car
ried To the Supreme Court Of tile United
States.
Liable to Fine of $500.
'nder the law. the street railway com
panies, it is stated will be Liable to a
tine of 800 for each transfer which they
refuse TO accept In the event the cor
porations ignore the commissions order,
that body. il is announced. MAY on
the penalty. institute mandamus pro-
ceeding or employ other legal methods
that will he open 10 it.
That long-dra wn-out legal fight. which
will result in decision to the consti-
tutionality of the transfer act is in store
Is believed to be assured.
George 4. Hamilton, president Of the
Capital Traction Company; Clarence r.
King, president OF the Washington Rail-
way and Electric Company and s. Dana
Lincoln, of the Metropolitan Coach Com
pany, together with attorneys of the
three concerns. participated in the hear
ing.
Engineer Commissioner Harding, chair
man Of the commission. made several
attempts to obtain from the railway COM
pany officials information concerning why
the companies had ignored the transfer
law, but his efforts mainly were unsuc-
cessful.
Says Act Is Unconstitutional.
Attorney r. Ross Perry. representing
the Capital Traction Company insisted
that the act is unconstitutional. He sug-
gested that the board delay action until
case now pending in Police Court in
volving the constitutionality of the law
has been decided.
When pressed by Commissioner Hard
ing for a reason as to why he considers
Congress was without right to enact
said that the law requires the street rail-
way companies to give something for
nothing.
Mr. Per1y's contentious were subscrib-
ed to by =. X. Bowen. secretary of the
Washington Railway and Electric Com
pany; William +. Ham. vice president,
and other officials of that company who
requested that the board delay action
until a decision had been returned in
the Police Court case.
Frank j. Ho;an. attorney for the herdic
company, upon whose complaint to the
commission the hearing was based, met
these arguments with the statement that
Congress, in the act creating the public
utilities commission directed that body
to compel compliance by local corpora
tions With the laws Of the United States
Duty to Enforce Law.
He said that the transfer law is pre-
sumed 10 he constitutional until IL is
proven otherwise. and that il is the duty
of the commission TO enforce th act
Mr. Hogan took issue with a statement
made BY Attorney Perry concerning the
Police Court case, stating that this case
cannot be taken 10 tn. United States
Supreme Court FOR the purpose If test
ing the law because OF the fact that il
originated in court OF criminal juris-
dlctioil.
Commissioner Ha, ding stated that the
commission to decide The purpose or
the hearing. he declared, was to bring
uut Information that would ena bic the
board TO reach q decision as ~ the en-
forcemenl of the law
Says Railway Company Loses.
After stating several times that the re-
Spouse of the railway companies that the
commission vas without jurisdiction was
not the character of information the
board was seeking, Commissioner Hard
ing attempted 10 find out whether the
maintenance of reciprocal transfer rela-
lions between the Washington Railway
and Electric Company and the Metropoli-
tan Coach Company and 18th and II
streets northwest had worked hardship
ON either concern.
This transfer point has been III exist
ence for sixteen years. In answer To
question as to whether the street railway
line has suffered any loss by reason OF
the transfer arrangement Secretary
Bowen stated that he would have TO con-
suit the books OF the company 10 lind out.