Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-05-31
SAYS2-CENT ORDER
! |SVO|D UNDER LAW
Henry E. Davis Declares
Transfer Charge Opposed
: to Provisions of Charters.
MUST FIND OTHER RELIEF
To the Editor Of The Star:

To the Editor Of The Star:
The order of the Public Utilities
Commission, to become effective to-
morrow. June 1. allowing the street
railway companies Of the District to
charge cents for each transfer from
one line to another of the same COM
pany is without authority of law, and
therefore void.
That this is so is manifest from the
briefest consideration of the pro-
visions of the charters of the COM
panies, and the several acts of Con-
tive thereto. take the Capital
Traction Company for illustration.
Original Charter Provisions.
On May II. 1862, (12 Stats. L. 1887,
Congress chartered the Washington
and Georgetown Railroad Company
with authority to construct a main
line of road from Georgetown to the
navy yard gate. a lateral line across
the eastern front of the Capitol to
the Baltimore and Ohio depot. and
thence by LIST street west to the main
line on Pennsylvania avenue; line
along 7th street west from Boundary
street to the Potomac and line
along 14th street west from Boundary
street to the main line: with power
to receive "a rate of fare not exceed
ing five cents passenger for any
distance between the termini of either
the said main railway. or between the
termini of either of said branch rail-
ways. or between either terminus of
said main railway and the terminus
of either Of said branch railways"
Rock Greek Company Authorized.
On June %. 1888 (25 Stats. L. 1897.
the Rock Creek Railway Company was
chartered by Congress. with authority
TO construct main and branch lines.
the act containing this provision: said
company shall receive a rate of fare not
exceeding s cents for each passenger
for each continuous ride between all
parts Of its main and branch lines"
BY act Of March 1, 1895 (28 Stats. L.
700), the Rock Creek Railway Company
was authorized to contract with any
company having connecting lines or in
tersecting lines for the lease or pur
chase of the latter. land operate the
same in connection with its original
line" 1t being provided that nothing in
the act should be construed Ito release
any company thus contracting. in whole
striction imposed by its original char
ter; and the act further authorized the
Rock Creek company to change its
name to 1.-THE Capital Traction Com
pany."
BY virtue of this aforementioned act
the Rock Creek Company bought the
lines of the Washington and George
town Company and changed its name
Is provided.
Right to Extend Lines Granted.
BY acts of Congress. subsequent to
the original charters of the two COM
panies. and subsequent to their con-
Company. extensions of lines of the
companies, both separately and as
consolidated, were authorized. with
provision in every instance that the
company concerned should have over
Its extensions the same rights. pow
ers and privileges as over its other
routes. land be subject In respect
thereto to all the other provisions Of
IS. 1880: April 80. 1882: June 2. 1906;
June 4, 1900; May %. 1S0s.)
The Public Utilities Commission was
created by act of March 8. 1918;
namely, section of the District ap-
propriation act for the ensuing fiscal
year. ts7 Stats. L. s74)
: Commissions Powers Defined.
2 BY this act it is provided, among
bther things, as follows:
l. Every public utility shall file
yates. tolls and charges in force at
the time. which rates. tolls and
charges shall not exceed those now
SLOWED by law" and shall remain
End be in force until set aside by the
commission" (Par. 24.)
Initiative. or on complaint against
any utility that its rates are unjust
or unreasonable. may investigate the
same (Pars. 3S-43) and any utility
may. on its part, make to the COM
mission any complaint as to any mat
tuch utility. (Par. 40
!. 3. II upon investigation the rates,
tolls or charges Of any utility be
found unreasonable or insufficient, the
commission shall have power to fix
such rates. tolls and charges as shall
be just and reasonable. (Par. Al
Laws to Remain in Force.
-. THAT. except as modified or
Dnodified or changed under it's pro-
visions. all charters. statistics, laws.
ordinances and regulations now in
force shall remain and continue to be
In full force and effect until altered.
amended or repealed according to
ia~": provided that all such SO far an
Inconsistent with the section and
repuEnant thereto are repealed. (Par.
Nay Change Rate, But Not Effect.
Too plainly for discussion, It re-
suits that while the Public Utilities
Commission may change the rate OF
fare Of any street railway company
tt may not change the use and effect
Of the fare. and It may not prescribe
one rate Of fare for one class Of
passengers and another rate for an
other class.
Other Relief for w. r. &c.
Accordingly. an exaction by anv
Company OF sum of money, however