Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-10-25
TRACTION LINE RATES
HELD UNREASONABLE
Citizens Brief Against Old Do
minion Railroad Filed With
Commerce Commission.

Declaring that a reasonable rate is one
which must be reasonable both to the
public and to the carrier the brief of
s. T. J. Price and others against the
Washington and Old Dominion Railroad
Company was filed with the interstate
commerce commission today by Attorneys
John B. Daish and ]. Raymond Hoover.
The brief says that mo rate can be
said in it's final analysis to be reasonable
unless it is clearly not in excess of the
value of the SERVICE This case is the
outcome of new rates put infeffect by the
railroad in September, 1912. and the
'complainants are seeking the commission
to readjust them.
The inability of the carrier to make
a profit with a reasonable rate, the brief
contends, is the misfortune of the car
rier. and the public cannot be amerced
in order that profit shall be made by
the carrier and dividends paid
Surplus Is Charged.
After asserting that the respondents
have utterly failed to sustain the burden
of proof cast upon them by the statute
and that the only attempt to justify the
present increased fares is predicated upon
the fact that no dividends have been de-
clared, although the record shows to the
contrary. the brief declares that the
business of the carrier has increased and
that there has been in general a surplus,
which surplus has been expended in bet
terments and improvements, so that the
stockholders have received dividends, al
though not declared in currency. and the
property has been improved by and to
the extent of the earnings Of the road.
The present fares and charges are in
excess of the fares and charges formerly
in vogue the brief continues further:
they are in excess of the fares charged
by electric railroads in the same vicinity
and are in excess of the fares charged
They would appear. therefore, even in
the absence of the dividend declared to
be unreasonable. The law does not
guarantee financial returns to public
service corporations If road has been
improperly located or too extensively
provision, nor can 1t amerce the public
for it's improvident expenditures.
Transfer Privileges.
Discussing the alleged abuse of the
transfer privilege at 36th and NJ streets,
the brief declares that in making the
computation. tickets read from Cherry
dale, Va, the condition could not have
been corrected for the reason that every
body who rides to Georgetown on the
Capital Traction line is entitled TO a
transfer. and. further. people who &c
across the bridge to take the Falls
Church line are entitled to transfers. AS
to the charge, which was denied by the
road, that it was the purpose of the road
to nullify the interstate commerce COM
missions authority in having the fares
from Cherrydole. the brief has this to
say:
That whether or not it was the pur-
pose of the respondent to nullify In part
the jurisdiction of this honorable COM
mission by making Cherrydale a basing
point and falling to sell communication
tickets from and to Washington-such
was the necessary effect and is unlawful;
that the public is clearly entitled to
rates over the entire line of the defend
ant. namely. from Both and NJ streets to
and from the several places and stations
in Virginia without the intervention of
basing points or other fictitious or facti,
tious arrangements.
The brief is full of tables showing the
comparative increases along this line,
and also tables showing how the rates
on this line compare with suburban rates
on lines running out of other cities in
the country.