Evening star. [volume] (Washington, D.C.) 1854-1972, 1920-04-27
PETITION F0RNEW
HEARING ON FARES
FILED BY CITIZENS
Ten Errors in Granting Rate
Increase Alleged by
Federation.

| The Federation of Citizens Associa
Itions today filed with the Publ,
| Utilities Commission petition for ;
the carfare TO cents cash or fou
| tickets for 80 cents.
I With the new rate of fare scheduled
to go into effect at l o'clock Saturda.
morning. the commission will conside
the federation's plea at meeting to
| morrow.
! The kenilworth Citizens Association
has abandoned its intention of appeal
/, ing to the District Supreme Court L
stop the fare increase. Henry +
! Davis. attorney for the association
order would necessitate going owe
the entire question Of the physica
valuations of the two compan MES. Th'
expense Of taking all that testimony
Mr. Davis said. makes court action b,
the citizens prohibitive.
Ten Errors Alleged.
William Nick. Clayton drew up tn,
federation's petition for a rehearine
The commission. he claims. made ter
errors of judgment in its decision
The petition follows:
Il. The commission erred in that
having heretofore by order established
standard of service on the lines OF
the several railway companies, and
as failure was confessed by said COM
panies in maintaining and living up
to said standard of service as of the
present time. or a any time since the
same was ordered. said companies be-
ing thus in default, no increase in
rates under the law could or should
have been granted
- The commission erred in that
ba hi iY,o Rai nd fri .
Company admitted that 1t was unable
to properly furnish such service as
the law directed. because it did not
have the necessary number of cars
required to properly maintain its serv-
ice. and serve the public, yet the com
mission. in raising the rate. makes
no order that the company purchase
and place in commission the cars ad-
mittedly required. but orders higher
rate of fare for service now much
below the standard required by law.
Denies Right of Increase.
% The commission erred in that
lished that the service rendered is
unreasonable, insufficient and made
quate the commission was without
authority or right to increase the
present cost of such a service to the
consumer.
~. The commission erred in that the
increase ordered the Capital Traction
Company is made without warrant or
authority OF law and that said Cap
ital Traction Company was not made
or could be made. a proper party in
said case under the petition filed by
the Washington Railway and Electric
Company.
rs. The commission erred in that the
fare o1deEed the Washington Railway
and Efectrfc Company fs estimated to
yield 4Sper cent return Oh its physi,,
the Capital Traction Company, will re :
turn nearly II per cent rate on the
valuation OF that company.
&c The commission erred in that il
allowed a 100000 wage increase to
the Washington Railway and Electric
dence for said allowance except the
bald statement OF the president Of tn e
company that said increase was purely
arbitrary and made. solely because of
the wage increase granted at this time
by the Capital Traction Company.
Per Cent Excess Citea.
a. The commission erred in that
the commission, having heretofore es-
tablished per cent as a just, fair
and reasonable return on the physi-
cal valuations of the Capital Trac-
ton and Washington Railway and
Electric companies. now allows the
Washington Railway and Electric
Company a return of per cent and
the Capital Traction Company re-
turn of II per cent on their respective
physical valuations.
'8 The commission erred in that
uit assumes that Congress will also
grant relief through a modified form
of taxation The commission is an
loy.
whose duty it is to execute and carry
out all the provisions of the law as
handed down to it. To withhold the
necessary and proper execution of
the law under the assumption that
Congress may or may not amend the
and responsibility placed upon it by
Congress.
Denies Competition Results.
"9 The commission erred in that
in ordering an increase of fare to the
Capital Traction Company it found
that the Capital Traction Company
was competitor of the Washington
Railway and Electric Company and
its subsidiary lines: that so much
traffic would be DETECTED from the
Washington Railway and Electric
system TO the Capital Traction Com
pany that the revenues of the former
would be decreased probably TO a
point below actual operating ex-
penses. at the same time destroying
the service standard of the Capital
Traction by an overwhelming ira ffic
load which it could not possibly ac-
commodate.
These all are assumptions which
whether based on fact or not, cannot be
used by the commission under the law
as a base upon which to pyramid the
excessive. eXorbitant, unasked and un-
needed rate of fare now forced upon
the Capital Traction Company.
Pleads for Public Interest.
10 The commission erred in that in
ordering the same rate of fare upon
both railway lines it assumed that the
public interest to maintain a uniform
rate OF street railway fare was para
mount and superior to the terms of the
written statute here controlling The
commission cannot write into the pub
lie utilities law a single line. dot an Il
nor cross a t therein. The public in
terest no matter what its power and
strength, cannot force from the seats
OF the mighty those laws and statutes
handed down through the legally con-
stituted and orderly processes of legis-
lation."
TRAFFIC LAWS LEGAL
PHASES ARE DEBATED
Legal phases Of the proposed new
traific law for the District were con-
sidered today at an executive session
50 ~,