The Washington times., 1919-08-08
COURT ASKED
TOVACATEPAY
TRANSFERABLE
Two Bills Filed in Supreme Dis
trict tribunal Attack Validity
of TWo-Cent Order.
By BILL PRICE.

Henry E. Davis today filed in the
District Supreme Court two bills at
lacking the validity Of the order of
the Public Utilities Commission per-
uniting scent charge for transfers
on the street railway lines Of the Dis
trict asking the court to vacate the
order
Mr.. Davis goes further than this in
his bills and holds that the Utilities
Commission has no legal right or
power to consider rates, tolls or
charges on any one railway line of the
District or to make changes in these
rates for the benefit of one company
when the other company, does not ask
for or need financial relief.
Mr.. Davis action is based upon his
Interpretation of the charters of the
railway companies of the District.
These charters, in his opinion, permit
the leVying Of one-fare charge to
passenger from any one point in the
District to any other point, but fail
TO give the right to any constituted
commission to levy a transfer charge,
which Re declares to be discrim-
inatory and illegal.
Points Out Irregularities.
Regarding his attack on the right
existence of weakness in one company
by permitting additional charges upon
the public largely to support that
company. which he finds was the
basis OF the action in the 2-cent
transfer order, the petitions to the
court set out that the Utilities Com
missions Gin determining and fixing
rates, tolls or charges" must not re-
gard or be governed by "the equip
ment, control. management or imam
eisl condition Of the public utility con-
cerned."
The commission, he holds, must and
can only consider as a basis Of its
action what such utility might and
would be IL reasonably equipped and
properaG controlled and managed for
the purpose Of rendering to the public
the serVoIce which il is the purpose,
p object, and function of such utility
to render and furnish and especially
may the said commission not regard
or be governed by considerations OF
misfortune or want Of prosperity OF
such public utility, whether due to
iueapable management, imprudent
Investment, over-capitalization, ex-
eassfve indebtedness, or other mat
tars peculiar to such utility, and tend
ing TO render IL an imprudent and i'm
practicable enterprise"
This phase of the bill is Of greater
frnportance than that relating to
transfers, inasmuch as it is designed
20 check the Public Utilities Commits
atom from giving favorable consloera-
ton 70 the petition now pending be-
fOre IL for further relief for the wash
f1oton Railway and Electric Company
n the ground that unless relief is
even that company Will be unable to
1,eet its obligations and may go upon
the rocks.
Citizens Somewhat Doubtful
me citizens who are plaintiffs in
ne bfIIs and who arranged with MI
Dav4s 70 nle the petitions were some
,vh.t doubtfuI about proceeding with
~ acton. In view OF the constantly
ehanRing aspects Of the street railway
,-ftuaffon In washington
They reached the determination 70
,-o~eed however, because OF the
great Dissatisfaction In "SShlns t Ion
ger the transfer charges They pc
IteVe that these charges are discrlm-
- inatory and illegal, and that the
-,,,rts nav as well pass at one time
Ss another upon the question OF the
,i1hf Of the commission TO impose
n :. nossfbIe that the Utilities Com
v,issIon NAV have abolished the trans
Ter CHARGES before the action can De
bs.rd in the District Supreme Court
80 NJ Davis will endeavor to have
tks action given priority in the court
Sscause OF the great interest Of the
pnbIic in the situation
PIafntins in Bill
The plaintiffs in one bill are A J.
waslxoua. S. Joseph Clark. Richard z
LI1ason. and william E. Norris, Of
800 Of the Kenilworth Citizens As
-ocIation. In the other they are Ed
y-ard r. williams and Matilda Lind
say, representing tWenty-three trade
S--Svin9 and Printing, having 100
These organizations are the follow