Evening star., 1921-11-25
DEPRECIATION CASE
BRIEFS ARE FILED
Utilities Board Opposes Right
to Transfer w. R. & E.
Charges.


the Washington Railway and Electric
Company to transfer jurisdiction over
tits depreciation charges from the
District Public Utilities Commission
to the Interstate Commerce Commis-
sion and one brief. attacking such
right were filed with the Interstate
Commerce Commission today.
The railway company filed a brief
through its attorneys asking that the
Interstate Commerce Commission take
jurisdiction over the matter and was
supported in its stand by the Ameri-
can Electric Railway association.
Ihs ,easstesr brief sssseking TIE 1s. ,
Francis H Stephens. corporation
counsel for the District and ConfSa
II. Syme, special Counsel for the utili-
ties commission ss-a
All the time and money spent by
the Public Utilities Commission in
of the District will have been wasted
if the Interstate Commerce Commis-
sion should take Jurisdiction over the
depreciation accounts of the com
panies. the brief filed by the Public
Utilities Commission argued.
Claims Made By Each Side.
After devoting several pages to
citations from court decisions relat-
ing to the question. the utilities COM
mission concludes its argument by
affirming that it was not the inten-
tion of Congress to place the burden
of depreciation reserves on the In
terstate Commerce Commission il the
road In question did not come within
the meaning of the interstate COM
merce act or its corollary, the trans
portation act of 1920. The railway
company contends that under the
transportation act jurisdiction over
carriers was given to the Interstate
Commerce Commission.
All public utilities of the District of
Columbia, except the telephone com
pany, are chartered by Congress to do
business within the District, the corpo-
none is chartered to do a general
freight business and none Is empowered
to do an interstate business. Trans
ferring of the mater of depreciation re-
serves, Mr. Stephans, says. to the In
terstate Commerce Commission would
repeal the act of March 3. 1913. which
gave the Public Utilities Commission
Jurisdiction over this matter.
'It is evident that the Washington
Railway and Electric Company is not
an interstate carrier" the brief con-
tends 1T is very clear that 1t is
street railway company, which trans
ports passengers from street to street
and from ward to ward within the
city"
Mr.. Stephens concludes by asking,
Can the commission imagine the
tracks of the railway company in the
District used for transshipment of any
freight from different points. or is it
the claim Of the road that its tracks
were ever so used?'
In its counter brief the company
argues that "it is q common carrier by
railroad" within the meaning of the
Interstate commerce act, and that the
Interstate Commerce Commission has
exclusive jurisdiction to prescribe
rules and rates of depreciation for 1t
and its AFFILIATED companies.
The company's brief says that the
jurisdiction Of the Interstate Com
merce Commission with respect to
regulation of depreciation reserves
and accounting of the Washington
tends to all property Of the company
used In rendering transportation
service. 1t adds that the inevitable
effect Of depreciation rules promul.
gated by the local commissio1 nh,s would ha
washington Railway and Electric
Company to continue to operate some
Of Its lines which now run from
points in washington to points in
s.To the extent that such lines
would have to be abandoned inter.
state commerce would be destroyed"
the brief contends and argues.
"That section 436 of the transpor-
tation act of 1920 is applicable to
said washington Railway and Elec-
tric Company and it's ahiliated COM
panies, and thft this commission has
Jurisdiction over said companies with
respect- to all matters Of deprecia-
tion allowances and accounting en-
braced in said section 435 Of the
act Of 1920"
The railway. company Is supported
In its stand by the American Electric
Railway Association, OF which 1t Is q
member. The brief Of the association.
cites numerous instances and laws
which are claimed to apply to the
present case, and adds more work
remains to be done before correct
rules. formulas and principles are
Filinx Of briefs follows Q prelim-
mary Investigation held October "a
before Commissioned Eastman, at
which the commissioner allowed the
parties thirty days to file briefs. A
date for a full hearing will be set by
the Interstate Commerce Commission
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