Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-10-07
RAILWAY OPPOSES
CAR SERVICE ORDER
W. R. & E. Co. Makes an Ap-
peal and Threatens Action
in Court on Refusal.
CALLS STANDARDS THEORY

Serving notice that IN the event of
a refusal appeal will be made to the
courts, the Washington Railway and
Electric Company today filed with the
public utilities commission a letter
asking reconsideration of the order re-
Gently adopted by the commission es-
tablishtng a standard for street car
service in the District.
This standard, which goes into effect
November 1 and prescribed an average
service of 100 seats per so passen-
gers during non-rush hours and seven
square feet of available floor area per
passenger during rush hours. is char
acterized by the company as being "un-
necessary, impracticable. unreasonable,
uncertain. vague. indefinite. incapable
of enforcement and invalid
Seven specific objections are filed by
the company. The two most prominent
are that the order involves a. rate ques-
ton and that the commission hereto
fore has refused to consider rate ques
tions pending completion of the valua-
tion, and that the company is engaged
largely in interstate business, which
would make difficult compliance with
the order, since it applies only to the
District.
Position Of the Company.
Concerning these points the company
says:
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 revenues of this
company; and no hearing has been mad
as to the same, and until the public
utilities commission has completed its
valuation now in process of ascertain
ment, the effect of any such measure
ment or standard of service cannot be
ascertained; that you have heretofore
refused to go into rate questions until
after the completion of valuations now
in progress, and, for that reason alone,
have refused to approve the issue of
bonds for the necessary capital expenses
already incurred because of the pending
valuations.
That this company is largely en-
gagged in the interstate transportation
of passengers on cars and lines af-
fected by said order: that paragraph
l of section s of the act Of Congress
creating the public utilities commits
sion confines it's jurisdiction to the
transportation of passengers from one
point to another within the District of
Columbia, and that the act shall be so
applicable and be SO construed as to
De Tree any COnnICC with tnOSe
provisions of the Constitutions of the
United States and the laws in pursu-
ance thereof relating to Interstate COM
merce; that the said standard Of serv-
ice makes no distinction between intsa-
and interstate traffic, will necessarily
interfere with interstate traffic and
therefore violates the act creating said
commission and is ultra wires"
Among other objections are that the
order undertakes to measure street
raj OF nd
ard, with no provision in the public
utilities act for the establishment of
such standard; that the order is not
directed toward any existing lack of
service. no complaint having been made
or proof offered as to the inadequacy
of service: that the order undertakes
to require the company to make GER
! tain observations of traffic. interstate
be done at much expense. and that the
commission has no authority to require
such observations by the company.
Standards Called Impractical.
In an interview this afternoon, Clar-
ence P. King, president of the company,
stated that the railway corporation has
! every desire to cooperate with the
| commission, but that it considers the
| standard Impractical.
t I'VE believe the commissions method
| of providing for car service is theoreti-
, cal and impractical" said Mr. King;
that the real way to arrange car serv-
! ice is by meeting the conditions as they
/ actually exist taking into consideration
/ all such questions as street congestion,
| ability of the company to move the cars
and the working condition Of the en-
| ployes; in other words, that things
| should be looked on as a practical prob
| lem rather than one to be solved by
/ the application of a mathematical for
mula. The company believes In prog
! ress and feels that the theoretical So
J called standard will retard rather than
/ aid in the improvement of car service" !"