The Washington herald., 1913-02-24
TRANSFER ISSUE
JOINED TODAY
President Of Coach Company
Says He Will Give and
Receive Transfers.
TEST IS SURE TO COME
Mr.. Lincoln Says Passengers Have
Legal Remedy if Refused
by Railways.

The test of the strength of the Met.
ropolitan Coach Company and the Wash
ington Railway and Electric and the
Capital Traction companies will start
to-day. Under rule of the District Com
missioners issued Friday the three trans
portation companies are ordered to eN-
change transfers. The two street rail-
ways have given notice of their refusal
to comply with the order on the grounds
of the unconstltutionality OF the act OF
Congress providing for such exchange
and the matter probably will be taken
Into the courts for settlement
In a statement on the controversy made
Yesterday by Mr.. s Dana Lincoln presi-
dent of the coach company, Mr. Lincoln
comments ironically on the fine sense
OF discrimina ton as To the constitutions
ality OF the laws developed by the presi-
dents or the street car companies and
says that he has failed to notice any
protest against the laws allowing the
companies to extend their lines over the
public streets
The order of the Commissioners has
been duly served on the Superintendent
II Police, the judges of the police courts,
he Interstate Commerce Commission.
the Capital Traction Company. the
Washington Railway and Electric Com
pany. and the Metropolitan Coach Com
1any.
The act "f Congress under which the
order Of the Commissioners is issued
provides that the three companies shall
exchange transfers at New York and
Pennsylvania Avenues and Fifteenth
Street
The nearest approach to test of this
law in question was made some time
ago in the action on the act of 1875 in
reference t" OvcrcrowdinG of cars when
the Court Of Appeals handed down a de-
Sision holding that the act was too broad
and referred to the fact that the Inter-
state Commerce Commission had not
laid down the necessary rules and resu-
latiUns to cover the case
The statement OF the president of
the herdic company is as follows:
The law requires this company to
issue and the two railway companies
are required TO receive free transfers
at Fffteerth street and New York
and Pennsylvania Avenues. The rail-
way companies are also required to is
sue free transfers to our coaches The
law is mandatory and We intend to
obey it-not only by giving the serv-
Ice required. but by issuing and hon
oring the transfers that the law pro-
vides for. |
But while We must issue transfers. We
cannot compel the railways to accept |
them. They have announced that they |
DO not intend to comply with the law.
and II is up 10 the legal department OF |
ne District TO determine whether or not |
his stand can be maintained
Passengers whose transfers are re-
used and who may be elected from cars
ave. of course. the usual remedy in the
,ourts. Thev can. 7 believe. confidently
ely upon the legality of the transfers
ssued by us, fully authorized as they |
ire by an act OF Congress They are
scores of cases in which the right OF leg
slatures to enact compulsory transfer
avs has been upheld. Congress has. at
east. the same authority with respect to
regulations in the District /
In mis- letter announcing the refusal |
II the Capital Traction Company 10
AIRY out the TRANSFER provisions of
he law that goes into effect Monday |
resident Hamilton says that the re-
usal is based on advice that the law |
n so far as IL relates to his conpanv |,
: unconstitutional
Three years ago. however. when
ransfer arrangement was proposed by
Is between the two companies Mr..
hamilton replied under date OF Decem-
'er 10. 1909, that The transfer arrange
nent proposed does not either on the
round of profit or policy commend it
elf TO our judgement. and is accord
ngly declined. His attitude at this
iIne seems TO be a continuation of the
anne policy.
Both President Hamilton of the Capi-
al Traction Company. and President
King. of the Washington Railway and
electric Company. have developed very
inc sense Of discrimination as to the
of the laws passed by
congress. / don't remember that either
4 these gentlemen ever claimed that
ne numerous laws passed by Congress
living their companies the free right TO
Ntend their lines over the streets that
clong 10 the public were unconstitu-
lonal. But when Congress passes a law
wing the public certain privileges they {
{ once declare the law IS unconstitu-
ional
There has been plenty of room for I
rfticism of herdic service up to this {
me. Now, however. the vehicles best c
dapted 10 the service have been de- J
eloped and are ready in ample numbers e
, give as good a service as the public I
hut the public will not get >
ne full benefit of tho law Congress Q
assed to compel good service until the i
-ansfer provisions are carried o,Tt.
m confident that they will be enforced $
fthout much delay. for I can see no j
eason why the public should wait until a
le doubt, If there is any. about the "
,nstitutionality of the law is determin- IL
l. II seems reasonable to believe that Is
le law will be enforced for the benefit .
the public. rather than suspended at o
le demand of the railways until the o.
,urts can pass upon the questions in
Dlved" o.
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