Evening star., 1919-08-19
Utilities Commission Guided
by Traffic and Financial
Conditions, Says Counsel.
CAUSES THAT INFLUENCED
ACTION OF COMMISSION
Bound by Law and Public Interest
to Provide for Adequate Street
Railway Service.

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the order of the commission placing
the charge of 3 cents o.: street rail-
way transfers. filed today by general
counsel for the commission, Conrad
H. Syme. denies fully the conclusion
OF law upon which suit was instituted
and alleges that the commission had
the legal right and ample jurisdiction
to make the order fixing the fares.
Mr.. Syine contends in the answer
that while the commission was influ-
eneed in making the order by the
financial condition of the railway and
electric company. 1T nevertheless took
into full consideration the conditions.
both traffic and financial. of the Cap
ital Traction Company and the effect
of the order upon this company.
Mr.. Syme also holds that the effect of
the order was to increase to cents
the fare Of passengers using both lines
or continuous trip. and that this was
clearly a rate question. The general
bases upon which the commission de-
lends its action was set forth in the
general answer to the bill as follows:
The answers state that the increase
n operating expenses of the companies
Caused by advanced wages to employees
and the greatly increased cost of main
been the cause for tho commission to
abolish the rate OF six tickets for %
cents and to make fiat rate of 5 cents.
What Investigation Brought Out.
When the Washington Railway ard
Electric Company made its petition fer
further increased revenue. the answer
sets fortf that the Investigations made
by the commission and experts employed
by it and the testimony before the COM
mission in the several hearings on the
subject established the fact that tn.
population Of Washington had largely
increased in the two years past, prob
ably 10 the extent Of 25 per cent. and
Of tile street railway companies had net
been increased to any extent because Of
war conditions.
The investigation further disclosed
the fact, it was stated. that these con-
ditions caused congestion of the
panies. particularly during the rush
hours, to an extent that rendered the
of the traffic exceedingly
difficult, and that any change brought
about by the commission the effect of
which would be, to drive traffic from
one company to the other company
because of cheaper fare would re-
suit in an even more serious conges-
tion on those lines charging the lesser
fare, greatly to the detriment Of pa
irons Of such lines in the matters of
comfort and convenience.
The commission AYERS that 1t was
the duty Of the street railway COM
panies to give reasonable and ade-
quate service, and that it was the
duty Of the Public Utilities Commis-
sion not. only to compel such service
as far as possible, but to do nothing
which would tend to impair it on any
of the lines. Therefore 1t is con-
hot d,rt nd
legal right of the commission to con-
slider the fixing of rate of fare or
the fixing of a charge for transfers.
the direct effect of such a fixture and
the ability Of each system to perform
its duties to the public.
Vital Feature Of Answer.
, In part. the answer reads as fol-
lows:
The commission further AYERS that
dating or attempting to accommodate
the present street railway traffic in
the District Of Columbia, while sep
arate in so far as the management
and operation of the Washington
Railway and Electric system and the
Capital Traction system are con-
reference to the traffic to be handled
that any action taken by the Public
Utilities Commission which affects
either the service or the rate Of fare
upon one Of the systems has an imme-
diate and direct effect upon the other
system and its ability to perform its
duty to the public. and that there
fore, in determining the character
and extent of the service which each
system should supply it is always
necessary to consider the effect Of
any change in the service Of one sys-
tenn upon the service of the other,
and even more important to consider
the effect upon the one Of the fixing
of a higher or lower fare upon the
other.
The commission AYERS that the pub
lie interest cannot be conserved or
promoted and reasonable or adequate
service secured from the street rail-
way systems unless in the determine
tfon of any rate or service problem
the commission considers the effect
upon both systems of any change which
may be made in the service or rate
Of one of them.
Fairness to All Interests.
The commission AYERS that it was
its paramount duty to secure the
most adequate street railway sery-
ice possible under existing conditions.
even If the rate of fare fixed by
it. either as an increased fiat rate
or an increased rate by reason of
charge for transfers resulted in. a
larger return to one of the companies
than would otherwise have been al
lowed, and that it was the duty of
the commission as well as its legal
right to fix the fares to be paid. SO
that the most adequate service to
the public would result on all the
street railways of the District.
The commission AYERS that the
financial. industrial and traffic condi-
both companies. compelled either an
increase in the nat rate. the estab-
iishment Of the zone system or an in
crease in the fare to those passengers
using transfers by charging for the
ment of the commission charge for
transfers was more just and equitable
to all Of the public than either an in
crease in the fiat rate or the estab-
lishment of the zone system.
The Transfer Question.
The commission AYERS that the
charge for transfers. as authorized by
order No, 1924. is purely a rate Ques-
ton and one which the Public Utili-
ties Commission was given direct au-
thOrity' to consider and determine by
the public utilities act. and that In
fixing q charge for transfers by order
No. 324. they were acting within their
jurisdiction and within their legal
rights as a public utilities commits
sion, and for the best interests Of the
people of the District of Columbia
who use the street railway lines. The
commission AYERS that the fixing OF
q 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-