Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-06-06
Judge MuIIowny Holds Act
Ordering Reciprocal ReIa-
tiOnS Unconstitutional.
WILL NOT AFFECT
RAIL WAY AGREEMENT
Two Traction Companies Will Com
ply With Law Pending Adjudi-
cation by Highest Tribunal.


day handed down decision holding
unconstitutional the act of Congress
approved August "a last. ordering the
Capital Traction and Washington Rail-
way and Electric companies 10 enter
INTO reciprocal transfer relations with
the Metropolitan Coach Company at
18th street and Pennsylvania and New
York avenues northwest.
The decision will not affect an agree
ment reached by the two railway con-
Germs late Yesterday afternoon to com
ply with the law pending final adiudi-
cation of it by the Supreme Court of
the United States
The Police Court case. il is stated will
not figure In proceedings to be brought
to test the constitutionality of the law
before higher tribunal. Attorneys of the
railway lines have given notice to the
public utilities commission of their in
tention to file bill in equity i'm the Su-
preme Court of the District of Columbia.
This will mark the beginning of the
real fight on the transfer law, which prob
ably only will be terminated by a de-
cision from the highest court of the land.
Within twenty minutes after the public
utilities commission yesterday afternoon
had notified the Capital Traction and
Washington Railway and Electric com
panies that they must comply with the
law the two transportation concerns had
RESPONDED that they would enter into the
reciprocal transfer arrangement tempo
rarily.
The commissions order was sent out al
3 o'clock. and replies were received by
3:oO. Attorney J. ]. Darlington respond
ing for the Washington Railway anC
Electric Company and Attorney X Ros!
Perry for the Capital Traction Company
BY O'Clock YESTERDAY afternoon trans
fers wese being interchanged by the her
die and railway lines.
The railway companies. in their replies
express dissatisfaction with the order and
formally place the commission on notice
that they intended to commence proceed
ings in equity to have it set aside on ths
ground that the requirement which i
imposes is unconstitutional.
Contention of Railways.
Their contention that the law is uncon
stitutional is based on the claim that !
constitutes taking Of property withou
compensation. and is in contravention o
the rights of the street railway companie:
under the Constitution of the Untet
States.
The companies give notice also tina
such compliance with the order as shall
be yielded by them pending final resul
of the proceeding in equity will not be ;
waiver of their protest or Voluntar,
compliance but will be rendered under
the duress of criminal proceedings ant
! penalties TO which they might otherwise
be exposed.
That the decision of the companies t.
comply with the law pending the out
come of the fight to be made on its con
stitutionality is big victory for the pub
lie utilities commission was the opinloI
expressed generally today by government
officials and citizens who have been TAX
ing an active interest in the transfer sit
uation.
Corporation Counsel E. II. Thomas. lega
adviser to the commission and principa
author of the law under which II Op
crates stated that the action of the com
panies furnishes a good example OF th'
efficacy of public utilities commission.
Frank II. Hogan. attorney for th'
Metropolitan Coach Company, which, eve
since the law became operative. Feb
ruary - last has endeavored to have it:
transfers accepted by the railway lines
was enthusiastic over the outcome of th
matter.
Firm Stand of Commission.
The firm stand taken by the commission
at a hearing given the railway companie:
in the board room of the District build
ing Monday of the present week is be
lieved to be largely responsible for tn
decision reached by the transportation
concerns to obey the law temporarily.
Effort was made at this hearing by
attorneys for the street railway lines
to show that the commission was With
out Jurisdiction in the matter on the
ground that the law which it attempt
ed to enforce was unconstitutional
Request was made that the commits
sion postpone action until decision
in the Police Court had been rendered.
Engineer Commissioner Harding. chair
man of the commission. stated that the
question of constitutionality of the law
was not one that the board had to con-
slider He requested representatives OF
the companies to produce any data they
might have which would indicate that
the enforcement of the herdic low would
work an undue hardship upon them.
Practically no testimony Of this charac-
ter was offered at the hearing.
Transfers Placed in Use.
II was announced Immediately after
the hearing that the railway companies
would he ordered to comply with the
law. but formal notice to this effect was
not served upon the corporations until
Yesterday afternoon.
Transfers already have been printed
by the Washington Railway and Electric
Company. and they were Immediately
placed in use.
The Capital Traction Company decided
TO use the blank space in tha upper right
hand corner of its regular transfers for
designating the right of 2 passenger To
ride over the herdic me
Tentative arrangements for Immediately
observing the law. following thu serving
of the comm ssion'S notice. We're worked
out at a conference yesterday afternoon
between the attorneys G the three trans
portation lines.
Case Cited in Opinion.
one case is cited in the opinion. that of
tho Chicago city railload against the
city of Chicago. III which a city ordi-
nance requiring reciprocal transfers be-
tween two independent roads was de-
clared to be invalid.
AlthouSh this decision was reversed by
error By the appellants. the reversal in
no wise touched on the correctness OF
the lower courts rulings, Judge Null
lovny's decision states.
In concluding his opinion. Judge Null
loWnv SAYS Il have tried to give this
matter careful attention and investiga-
lion in an endeavor to find some pre-
cedents and authority that would raise a
doubt favorable to this portion Of the
statute for | appreciate how important
the enforcement of this is to the MetrOpoli-
ran Coach Company, but. failing, i am