The Washington times., 1919-08-19
SYME CLAIMS
PAY TRANSFER
AIDED SERVICE
Commission Counsel Files An
sWer in Suit to Knock Out
2 Cents Charge Here.
BY BILL PRICE.

Conrad H. Syme, general counsel Of
ths Public Utilities Commission, today
filed in the Supreme Court of the Dis
triet the snswer % the commission TO
the suit filed by Henry E. Davis, rep
resenting citizens Of the District, ask
ing that the order Of the commission
permitting a 2-cent transfer charge
on street railway lines be set aside
as null and void, on the ground that
the commission has no authority to
fix such a charge, its only authority
being to make changes in straight
fare rates.
The answer denies fully the con-
clusions Of law upon which the sui:
was instituted, and declares the com
mission had the legal right and ample
Jurisdiction to make the order.
Generally s9cakiug. Mr.. Syne takes
the position that a transfer charge is
q rate charge and in effect was a
cent far to passengers using both
lines for q continuous trip. 1t was
he contends, clearly a rate question,
over which the commission has full
authority.
Davis Points to Charters.
NJ. Davis, in his suit. pointed out
that the charters Of the street rail-
way lines provide for one straight
fare between any two given points in
the District; that a transfer charge
is permitted for a continuous trip
where passengers We either both
lines or just the lines of one COM
pany.
Mr.. Syme holds that while the com
mission was influenced in making the
order by the financial condition Of the
W. r. and Z, il also took into con-
sideFation the conditions, both traffic
and financial, of the Capital Traction.
The answer points out the congest-
cd conditions Of the cars Of the rail-
way lines Of the city, the increased
population here, the shortage Of
tFacEage and carrying facilities, es
peciAIly in the rush hours Of morning
ana afternoon. all going toward rem
derinE difficult the handling OF traf-
fic.
Feared Mere Congestion.
Confronted by this situation, Mr.
Syme contends, il would have been
highly inadvisable and improper to
drive traffic from one company TO
another by authorizing different
rates Of fare on the lines Of the sepa-
rate companies, resulting in even
more serious congestion on the cars
of the company able to haul passen-
gers at the lowest rate; that the i'm
portant lines Of the two companies
parallel each other to such an extent
that any inequality Of rate would
swamp the lines with cheaper fare.
While IL is the duty Of the commits
sion to compel reasonable and ade-
auate service TO the public it is not
fhe duty or intention Of the commits
sion to do anything that would i'm
pair service, especially in producing
worse congestion than now exists. In
hxing the rate, as it did in the trans
fer order, the commission had in mind
the direct effect such action would
have on the general street railway
aituation in the District and the abil-
ity of each system to perform its
duties TO the public.
Must Consider Both.
Although the two systems are sep
Rrate so far as management and op-
Grafton are concerned, they are so in
correlated with reference to traffic
that any action taken by the commits
sim which affects either the service
or the rate Of fare upon one Of the
systems has an immediate and direct
effect upon the other system and its
ability to perform its duties. The
commission must at all times consider
the effects upon both systems Of any
rate action il may take.
The commission AYERS that the IL
naucial industrial and traffic condi-
tions affecting both companies com
PEELED either an increase in the flat
rate the establishment of a zone
svEteu1. or an increase in the fare
10 those passengers using transfers
bv charging for the transfers ana
that in the best judgment Of the
commission a charge for transfers
was more just and equitable to all
Of the public than either an increase
in the flat rate or the establishment
Of the zone system.
Claims Transfer Use Lessened.
The commission also claim the
charge for transfers is purely a rate
question. and that in fixing a charge
for transfers it was acting for the
best interests of the people Of the
District of Columbia who use the
street railway lines
II also AYERS that the fixing Of a
charge for transfers has also had the
effect Of improving the service Of
both the Washington Railway and
Electric Company and the Capital
Traction Company, in that it has re-
suited in decreasing by about % per-
cent the number Of passengers using
transfers, and largely eliminating the
unnecessary use Of transfers, thus
relieving to this extent the cOnges-
ton on both systems.