Evening star., 1913-10-11
Brief Filed With |. c. c. by the
Washington and Old Do
minion Company.
MEETS THE COMPLAINT
MADE BY COMMUTERS
Declares an Increase in Passenger
Charges Is justified by Vir-
ginia Law.

Severely arraigning the testimony Of
fered by ;'so-called experts" the Wash
ington and Old Dominion railway today
filed with the interstate commerce COM
mission its brief in answer to the COM
plant made by 8. T. j. Price and others
attacking communication rates on the Great
Falls branch. The rates became effective
in September of last year
The railway, through its attorney, as
serts that at no time has il been able
to earn from its tariffs what under
the law il is entitled to earn-that is to
say, that operating expenses are scarcely
met, allowing nothing for depreciation.
maintenance, betterments and interest on
investment: that nothing had been paid
by way of dividend or earned for it by
way of dividend, even with the most eco-
nomical management of the property, and
that the rates charged by the increased
tariff were in every instance such as
were authorized and justified under the
laws in force in the state of Virginia,
where all but about 1850 feet of the
fourteen and a fraction miles of the Great
Falls branch is located"
Increased Rates insufficient.
1t is further declared that even with the
slight increase in the rates there could
be entertained no hope of sufficient reve-
nue. being produced to provide for the
maintenance depreciation and interest. on
investment which the law expects to be
obtained. The brief also states that in
many instances it was proved that no in
crease in rate of fare existed at all, land
the entire controversy appears by the tes-
timony to center. itself In and around the
criticism of the communication rates of the
new tariff.
ed where the compliments believe that
they should not under any circumstances
be compelled to pay higher rates. The
testimony of eleven witnesses, declared
to be interested parties, seems to be
that irrespective Of consequences or JUS
tice to the defendant, their personal feel
ing was that they should under no cir
cumstances, in any particular, be re-
quired to pay anything more for their
TRANSFORMATION than Heretofore.
The defendants then pick up the test-
mony and give what they declare to be
IAN illustration OF the utter unreliabiiity
and the entire absence of probative force
to be found in the testimony submitted
by the cOmplainants"
Alleged Admission by Witness.
The witness whose testimony is at
tdChcu, tilc ptlCl says, was opPoACh
presented as the most knowing individ-
ual the complainants could produce. and
as their so-called expert or star wit
ness" This witness admitted that in
undertaking to give his opinion, from his
investigation of the statistics or reports
of the defendant company In the files OF
the interstate commerce commission as
to the ,reasonableness or unreasonable
ness of charges, he had not taken into
-f1~ H. ont ond
expenses, as shown by the reports. and
had not taken into consideration refer
ences made by the statements TO otner
expenses necessary in connection with
the electrification OF the line and as q
complete qualification and withdrawal or
the statement on direct examination that
he felt himself in a position to give his
opinion, and undertook to give II, the
testimony disclosed that he merely in
tended to say that the rates in his opin-
ion looked excessive, but that he had
absolutely no data upon which he could
justify such statement.
Extension of Transfers.
The brief calls attention to the fact
that it was necessary to have transfers
issued by the Capital Traction Hin ex-
tend to Cherrydale Formerly they were
issued and neither company entered into
any system of accounting relative TO such
transfers but under the new rates re-
demption system was established II
had developed that under the old rule
persons obtaining transfers for the Old
Dominion line had no use for them be-
cause their commutation fares started at
3tjth and NJ streets. In that case, the
transfers were disposed OF for valuable
consideration, it was alleged. and they
were trafficked by saloon patrons around
Seth and NJ streets.
Evidence, says the brief. showed that
the transfer was much sought after TO
be used in the payment of drinks, which
abuse it was, of course, necessary to
abolish"
The defendant asks the dism! ssal Of the
complaint.