Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-09-15
ANSWER |SF|LED
BY OLD DOMINION
Railway Explains Abandon
ment of Transfers at 36th
and N Streets.
DENIES THAT THE PUBLIC
HAD ANY RIGHTS IN CASE
Says Arrangement Was With Capt.
tai Traction Company and
Not With the People.

NoL WIFI INC 1eopIe.
The Washington and Old Dominion
railway filed it's answer today to the
petition of C. Elton James and others
against that company and the Capital
Traction Company, pending before the
interstate commerce commission, hav-
ing for it's object the restoration Of the
transfer privileges at seth and M
streets northwest.
The answer is signed by W. B. En-
inert as vice president of the company,
and was filed by Wilton J. Lambert as
general attorney. In the answer the
Washington and Old Dominion railway
contends that many Of the claims of
the applicants involve questions of law
which, it submits, are not necessary to
be answered.
The company, however, denies that
there is any ambiguity in the tarin
rate which it published In making the
change. and AYERS that no misleading
statements were made to the patrons
of the road 1t is also denied the com
pany violated in any way any contract
existing with the people. taking the
position that the whole matter was
simply a matter of contract between IT
self and the Capital Traction Company.
and that the arrangement which had
existed terminated by limitation. 1t is
insisted that all requirements of law
have been complied with In putting
the new tariff in operation. Each part
of which. it is averred, is a fair. just
and reasonable charge for the services
performed.
Files Copies Of Letters.
feature Of the answer is the ap-
pendices, as an exhibit thereto the cor
respondence covering the period from
November, 1915. to June 3, 1916, be-
tween the Washington and Old Domin-
ion railway and Capital Traction Com
pany affecting the subject of the trans
fer arrangement, the company stating
in this connection that inasmuch as the
Capital Traction Company appended
one of the letters of the series of cor
respondence dated May 81. 1916, that
it felt it was only fair the entire
correspondence be filed.
The first letter of November 10. 1915,
is from Mr.. Emmert to the Capital
Traction Company, and after setting
forth a brief statement of the sub
stance of interviews which had been
ton of the transfer arrangement on the
21st of November, it is stated that the
Washington and Old Dominion railway
would be willing to accept sugges-
Traction Company adopting Rosslyn as
the limit of the transfer zone and to
divide the fares received on the basis
of so per cent to the Capital Traction
Company and 40 per cent to the Wash
ington and Old Dominion railway.
which would approximate 2.5e cents to
the traction company and 1.73 to the
Washington and Old Dominion per pas
senger.
tickets could BE issued good for trans
portation between points on the Capt.
tai Traction Company's line and points
west of Rosslyn to and including Cherry
dale. to be sold at the rate Of cents
a single ticket or three tickets for 70
cents. This revenue to be divided by
allowing the Capital Traction Company
259 and the balance to the Washington
and Old Dominion railway.
Capital fractions Reply.
Under date of November II, the Trac-
ton company replied stating that the
substance of the conference as related
rect, but that that company did not
consider division of fare for trans
fer sufficient on the basis of an equal
division OF those running TO hOSSiyh
and the proposed division in connection
with the coupon tickets good for rides
between Rosslyn and Cherrydale, and
declining, on account of not receiving
a greater portion of fare, to enter into
the arrangement.
Subsequently several letters followed,
the substance being that the Capital
Traction Company would not agree to
divide equally the fares received for
which transfers were given on rides to
and from the District and Rosslyn. in
sisting that it should have greater
portion than half of the fares. In
other words. that instead of 20 cents
Of each fare going to each company.
that the Capital Traction/ Company
should receive 2.59 cents and the Wash
! ngton and Old Dominion only 1.73
cents. The Washington and Old Do
ntinion taking the position that from
| financial standpoint 1t could not.
in justice to itself, renew the contract
| upon the basis of the division of the
| fare which had been existing between
the companies under the agreement of
| July, 1912.