The Washington herald., 1913-10-21
TRANSFER Fight
ON in EARNEST
Public. Utilities Commission
Hears Arguments For and
Against Companies.
POLICE JUDGE CITED
Lawyers for Street Railways Argue
Law Compelling Interchange
b Unconstitutional.
POLICE JUDGE CITED

fers In Washington began yesterday with
an all-dsy hearing of citizens and street
railway attorneys before the Public Util-
tiles Commission.
Arguments by representatives OF the
railway companies took up the second
session. They claimed that the Public
Utilities Commission is not empowered
by Congress to order universal transfers.
Further, II was argued. such order would
be In effect a confiscation Of property,
and, therefore, legislation by Congress
requiring It to be. issued would be un-
constitutional and void.
J. ]. Darlington appeared for the WASH
ington Railway and Electric Company.
He insisted that Congress has not given
power to the commission TO order free
transfers. Congress could not confer
this power. he said.
In answer 10 a question by Commission
er Siddons, Mr.. Darling stated that
after the question of whether Congress
has given power to the commission to
order free transfers, and whether the
grant of his power Is constitutional,
have been determined, there remains the
question of the justice of such an order
10 be passed on by the commission. To
determine this, he implied. the commits
sion would have to obtain valuations Of
the railway companies properties.
r. Ross Perry. g. Thomas Dunlop.
and r. Ross Perry, jr., represented the
Capital Traction Company. R. Ross
Perry reiterated the argument of uncon-
stitutionality submitted by Mr.. Darling
ton. Mr.. Perry quoted a number of
court decisions in support of his argu-
ments. He said that the commission had
authority to pass upon rate cases. but
no power to order transfers between the
unrelated railway companies,
Mr.. Perry cited the recent decision
of Judge Mullowny in Police Court to
the effect that the law requiring the
exchange of transfers between the
Metropolitan Coach Company and the
Capital Traction Company is unconsti-
tutional, and, therefore, orders based
upon this legislation are void. This
case is now in the Court OF Appeals,
and the decision of this court Is ex-
pected early in November. Until this
case is settled. Mr.. Perry argued, the
commission ought to defer action on
the matter of universal transfers.
III the Supreme Court should decide
this case in the Districts favor. then
should its decision be our guide7"
asked Commissioner Siddons.
''Of course" Mr.. Perry answered.
District Facilities Ample.
After answering several questions
put by Commissioners Newman ana
Harding, Mr.. Perry concluded his ar
gument He then asked permission to
read a statement upon the case. Points
made in the statement were that the
question of free transfers between un-
related companies should be first ad-
Indicated in the courts, that the
power OF the Commissioners to act In
the premises is denied. and that the
present transfer facilities allow nearly
all sections of the District to be
reached over The lines of either COM
pany within a distance Of one-quarter
Of a mile.
Representatives Of various civic organ
izations were heard at the morning ses-
sion. Proposals that the commission
enforce the acts passed In 1894 and 1893,
requiring the issuance OF reciprocal
transfers, were made at this hearing.
It is said that compliance with these
acts has not been made for the reason
that no penalties are provided.
Municipal Ownership Urged.
Charles W. Darr, representing the
citizens conference on utilities, told the
board that he would favor the taking
over of the street railway lines by the
municipality, II it is Shown that they
cannot operate their lines so as to pro-
vide universal transfers.
William NICK. Clayton. representing
the Federation Of Citizens Associations;
Dr. Thomas z. VIII, representing the
Northeast Citizens Association; Bristow
Adams, of the Rhode Island Avenue
Suburban Citizens Association: John
p. Colpoys, of the Central Labor Union.
and others spoke at the morning hear
ing in favor of the proposed order of
the utilities body for the issuance of
universal transfers.