The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1916-09-12
Question the Jurisdiction OF the
Public Utilities Commission
! In the Question.
CORPORATION COUNSEL ACTS
Attorneys for Railway Com
panies File Arguments in
Favor Of |. c. c. Probe.

Further than to present q statement
setting forth its position, the Washing
ten and Old Dominion railway, repre-
sented by Attorney Wilton J. Lambert,
teday declined to participate in the
hearing called by the Public Utilities
Commission to consider its action with
regard to the discontinuance of trans
ADr arrangements between that com
paay and the Capital Traction Company
at Thirty-sixth and NJ streets north
west
The purpose of the hearing was to
siye the Washington and Old Dominion
railway and the Capital Traction Com
ANY opportunity to show cause why
the transfer lar ,to sntS
end Of the Aaueduct bridge Upon pay
ment Of a single fare. should not be
continued. and why the companies
vIded by the public utilities law "for
cenceliny their loint rates FLED with
the Public Utilities Commission as a
part Of their duly authorized tariffs.
Without the authority OF the Publs:
Utilities Commission and In violation OF
the public utilities law"
~. -Syne Upholds Right.
The right OF the commission to ex-
srcise such Jurisdiction was upheld by
Conrad II. syme. general counsel tor
the commission, and e. Hilton jack
son. representing the residents along
tho line of Washington and Old DO
minion Railway.
. Mr.. jackson said that the company
continually had intsrposed obstacles
in the way Of the commissions at
tempts to exercise rightful superyis-
lon over its lines, and suggested that
the present case presented an excel
lent opportunity for imposing a fine
the courts for fn.t u dseiSion a'a' 20 70
The statement OF the company pre-
csnted by Attorney Lambert, which Is
y effect that. the Public Utiiities
Commission 10 without jurisdiction in
the question at issue and that II is
one to be determined by the Inter-
ststs Commerce Commission. follows:
Mr.. Lambert's Letter.
i''Gsntlemen: In pursuance of the
letter sent by you OF August Is. 1916
adyising the Washington and Old Do
minion railway that your commission
proposed to hold formal hearing on
september 8, 1915. which date was sub
seauently postponed to this date. Sep
tember u. 1916. for the purpose of con.
sidering two propositions. namely:
Il why the Washington and Old
Dominion railway and. the Capital
Traction Company should not continue
isting between the two companies at
Thirty-sixth and NJ streets northwest,
so as to permit a continuous ride to and
from the south end OF the Aqueduct
bridge over the line OF the two said
companies for n single fare.
-. Why the Washington and Old Do
minion railway and the Capital Trac-
ton Company should not be held liable
to the fines provided by the public
haIr ri NJ
rates filed with the Public Utilities
Commission as part of their duly
authorized tariffs. without the authority
of the Public Utilities Commission. and
public utilities law.
II appear mere specially as general
attorney for the Washington and Old
Dominion railway as a matter OF cour-
any way submitting to the jurisdiction
OF the commission In this matter. but
on the other hand. specifically exceptinp
to the commission having any author
ity or jurisdiction to consider or act
upon. or In any. way promuisate resu-
lations a. to the matters and things
referred to.
States Four Reasons.
Among the reasons which impel the
Warrington and Old Dominion railway
not TO participate in this proposed hear.
ing. further than TO submit this state
ment OF Its position, are
81. Because the act Of Congress ap.
proved january 20, 1903 under which
the Washington and Old Dominion rail,
way operates over the Aqueduct bridge
by section > thereof. vests ~ the Com
missioners OF the District OF Columbis
relative to operation OF cars over tn,
bridge.
e. The Washington and Old Dominion
railway performs no intra-district ser
various stations In Virginia direct tc
the terminal Of the company at Thirty
sixth and M streets northwest, Wash
ington. d. c.. and from said termina
direct to Its various stations In Vir