The Washington times., 1916-10-07
TO ASK COURT TO SET
ASIDE TROLLEY RULE
Continued from First Page)

(COntlnued from rlrst faSeJ
Concerning Standard OF Electric Railway
Service in the District of Columbia, and
intends to appeal therefrom. Among
OF objection thereto:
81. That II undertakes to measure
street railway service bya a theoretical
standard, with no precision IN the &C,
for the establishment of such measure
ment or standard.
q "No Proof offered"
20. That the proposed standard is not
directed at any existing lack OF service
no complaint OF the existing service or
standard has been made. and no proof
offered Of any inadequacy of service or
"3. That the establishment of such
standard of service involves the
rates of fare. and no consideration
was given by the commission to the
effect of any such order upon the
hearing has been had as to the same.
and until the Public Utilities Com
mission has completed Its valuation
now in process of ascertainment, the
standard of service cannot be ascer-
tained: that you have heretofore re-
fused to go into rate questions until
after tho completion of valuations
now In progress, and. for that reason
issue OF bonds for the necessary
capital expenses already incurred, be-
cause of the pending valuations.
STANDARD Unnecessary"
~. That tho said standard OF ssrv-
ice Is unnecessary. impracticable. un-
reasonable. uncertain. vague. indefi-
mite, incapable of enforcement. and
invalid. That no proof was offered
sustaining any of the findings or con-
illusions of the commission as basis
for said order. but said findings and
conclusions rest upon mere assump-
tions.
IS. That this company is largely en-
gagged in the interstate transportation
ed BY said order; that paragraph one
Of section OF the act of Congress
creating the Public Utilities Commits
sion confines its Jurisdiction to the
transportation Of passengers from one
Columbia. and that the act shall be SO
applicable and be So construed as to
be free from any conflict with those
provisions OF the Constitution of the
United States and the laws in pur-
commerce; that the said standard OF
service makes no distinction between
intra and interstate traffic. will neces-
sarily interfere with interstate traffic
and therefore violates the act Great
ing said commission and Is ultra wires.
Is. That the said order undertakes
to require the company to make GER
tain observations OF traffic, Interstate
as we'll as intrastate, which can only
be done at much expense, and that the
Public Utilities Commission has no au-
thor1ty to require such observations by
this company.
az. That said order provides that the
commission Will. in certain contingent
cies, serve on the company involved, a
noncompliance notice. and that within
seven days after the receipt OF such
notice. the electric railroad shall Ale
provides for service in compliance there
with. Such a provision undertakes to
prescribe a different mode of procedure
than Is provided by the act creating
said commission. and IL is therefore In
valid.
Asks Reconsideration.
This company is advised that the
failure to appeal from said Order No.
1888 above mentioned may impair Its
rights and interest In the premises. II
desires to avoid such action II possible
In view OF the fact that no complaint
exists and no proof was offered or op-
portunity given to inquire into the ex-
listing service, or to what extent Il Ia
inadequate or insufficient to meet pres
ent demands OF the public, 1t again asks
for a reconsideration of said order.
III the request Is declined, this COM
pany will feel obliged to take steps Ia
appeal from said order. in which event
we ask that you accept this as ouI
nntiCa nf ANIMAL -