Evening star., 1915-04-07
/. C.. C. Commissioner Files
Dissenting Report to Majority
B. & O. Rate Decision.
BELIEVES SUBURBANlTES
CANNOT AFFORD INCREASE
Insists That Railroad Has No Right
to Withdraw Rates That
Lured Settlers.

/ Taking a stand with the commuters
\ that fares to the suburban districts
1 should be more or less of a fixture, In
| view of the fact that they were at
tracted there by the attractive offers
| of the railroads, Commissioner Glenn
ents filed a strong dissenting opinion
| against the increasing of the commu-
| tation fares on the Metropolitan and
! Washington branches of the Baltimore
| and Ohio railroad. The majority opin-
ion of the interstate commerce com
mission was published in The Star yes
| terday. The former branch extends be-
tween Washington Junction and this
| city. and the latter between Baltimore
and this city.
Mr.. Clements puts in a strong word
| for the people Of moderate salaries
who use these lines; declares they can
| ill afford to pay the increases; de-
| clares that he cannot assume under the
| law that the carrier, after attracting
the business with various Inducements
| has right to raise the fares merely
for the purpose of increasing revenue.
He also challenges the practice of the
Washington terminal or Union sta
charge for car participating In the
commuter business as for the cars par
ticipating in the longer and admit
tedly more remunerative passenger
hauls.
Commissioner Clements Comments.
Il am unable to concur" said Com
missioner Clements, 'in the conclu-
sions stated in the foregoing report
sanctioning the withdrawal Of the
Communication tickets referred to and
the increased fares resulting there
from. The quarterly, or 1S0-trip, tick
have been on sale and in use for
number of years by persons availing
themselves of the reduced fares there
by afforded for passage between their
homes in the country and their work
in the city. 1t is urged that these
persons. receiving for the most part
comparatively moderate salaries, or
wages, can i'll afford to pay these in
creased fares. They should not be re-
quired to do SO except upon definite
and convincing Justification of the
same by the carrier. If the conclusion
of the commission be correct the facili-
ties and rates available to thousands
of communities throughout the coun-
try, which have been built up largely
upon material inducements OF commu-
tation tickets and fares held out and
used almost since the beginning of rail-
road construction, may be suddenly
withdrawn or largely increased at any
time to the great injury of those large
ly dependent upon them. Homes and
business relations have in many In
stances been established upon the rea-
sonable expectation of the continuance
OF this policy and practice.
Thinks Contract Exists.
while admittedly the question before
US is that Of the reasonableness Of the
resulting increased fares, Is not this ques-
ton to be determined by all the pertinent
facts, conditions and circumstances, those
affecting the passenger on the one hand
as well as the carrier on the other? I
cannot assume that under the law, after
the inducement has been offered by the
carrier. accepted by the public, and a
new business acquired by the carrier upon
the inducement Of Communication fares
freight as well as passenger), which
probably could not have otherwise been
acquired, such fares and tickets
may be withdrawn for the purpose of
securing greater fares and revenue. in
disregard of the conditions in which the
patrons are left. the investments and
business relations they have established.
and their interests to be seriously af-
fected
The fare at which ordinary sinele-trp
tickets are sold does not. in my Judgment.
furnish any valuable standard In testing
the reasonableness Of the class Of fares
IN question, the withdrawal of which. I
think, has not been justified in view OF
all the circumstances, conditions and the
effect upon those who upon the induce-
ment OF the long-established policy and
practice Of the roads have become in a
measure dependent upon them As I
understand 1t, this view Is not at variance
with that OF the majority as expressed in
its report In the following language:
Quotes Majority Report.
| In fixing a reasonable fare for this
! particular commutation traffic, elements
| other than cost which determine rea-
sonableness must not be CLOSED over
Value of the service to the habitual
traveller. IL often vaguely conceived, is
| none the less a real factor; and fares
| tending to put the use Of the railroads
| beyond the reach of the average com
muter of a particular region or which
| might tend to compel on large scale
| changes of residence, or which tend to
| disrupt the community life of those
dependent upon this service, must be
| viewed in the light of the carriers
obligation as a common carrier intend
ed for community service. The re-
| spondent has rather elected to treat
these considerations of minor impor-
tance IN determining reaSonableness
| and pins it's plea for the advanced fares
| upon cost figures and the fact that
many carriers have arrived at a sub
\ stantial agreement in making the com
mutation fares accord with a general
| standard
| while the fare at which the ticket.
proposed to be withdrawn are sold Is
low rate per mile, 1t is not so low
when figured upon the basis of the
actual number Of trips taken upon
these tickets as 1t Is on the basis Of all
that might be taken; and this doubtless
was taken into consideration by the
carrier when they were established It
seems highly probable that the amount
of travel induced by the long estab-
lishment of this class of tickets more
than made up to tho carrier for the
reduction of the charge per capita.
Disputes Figures Submitted.
Moreover. as to the question of the
reasonableness of the increased fares
resulting from the withdrawal Of the
classes of tickets referred to. outside