The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1921-11-25
|. c. c.
T Or RAT
RULE BAN


Will Be Destroyed If Door Is
Opened to PIeadings.
Forseeing move by the Washing
ton Railway and Electric Company
to destroy the public utilities law of
the Distrit of Columbia, the Public
Utilities Commission, in brief filed
with the Interstate Commerce Com
mission and made public today, Wig
orously opposes any transfer Of jur-
isd1ction in the matter of establish
ing rules and regulations for fixing
depreciation of street car companies
In Washington.
Sees Its Power Menaced.
The Commission declares that If the
Interstate Commerce Commission
once opened the door by assuming
Jurisdiction over the charges for de-
probation, the Washington Railway
Company would Immediately ask the
Federal Commission to supervise it's
entire property and operations, thus
ending the powers Of the local Com
mission
On the other hand, the Washington
Railway Company, in a brief to the
commission, contends that the Public
Utilities Commission. under the law.
has no power to set depreciation Tor
the company.
The Commission argues that Con-
gress, In framing the utilities law, in
tended that the local commission, and
not the Interstate Commerce Commits
sion. should have entire supervision
In all matters relating to the rail-
way. The Washington Railway and
Electric Company attacks this cont en-
ton. and further states that the Con-
gressional scheme of running the Dis
trict railway is entirely unsound and
unreasonable"
Railway Denies Charges.
The inference of the Public Utilities
Commission that the attempt to get
the transfer of depreciation jurisdic-
ton 10 the initial move in a cam
paign to take from the commission all
OF Its powers is denied by the railway
company. ..lgs---
Nothing In the foregoing argu-
inent In any way detcects from the
jurisdiction of the District Commits
sion to fix rates for local transporta-
ton within the District Of Columbia"
declares the brief of the railway COM
pany.
Briefly, the company's argument
Is as follows:
1. The Washington Railway is en-
gagged in interstate commerce by
reason of the fact that its lines ex-
tend into Maryland, and that every
part OF the company's property is at
fundamentally of interstate COM
merce.
Sees Confusion in Double Laws.
2. The continuance OF the present
practices Of permitting two separate
rules. one In Maryland and the other
in the District, regarding deprecia-
ton will result in hopeless confusion.
3. There is no logical division of
the property of the company and
therefore the Interstate Commerce
Commission rules should apply.
4. As a matter OF policy it seems de-
sirable that all parts Of this one sys-
tenn should be subject to one and the
same authority in the matter of de-
probation.
s. That as the company views the
law, the only agency which has juris-
diction In the matter of depreciation
Is the Interstate Commerce Commits
sion.
6. The railway company supports
its contentious of jurisdictions by sub
hitting references to several cases de-
cided by the United States Supreme
Court and other cases. The decisions
in these cases are in effect a ruling,
according to the company, that the w
r. & E. is subject to the rules of the
I. c. c. and that body only in the mat
ter of depreciation.
Commission States Case.
The contention of the Public Uti;i-
ties Commission, briefly set forth, fol-
lows:
1. The railway company is not doing
a general freight transportation bust
ness between the District and Mary
land and therefor is not a common
carrier under jurisdiction of the In
terstate Commerce Commission.
2. That Congress never intended, in
framing the utilities law, that the
Interstate Commerce Commission
should have the power to control
depreciation rules in Washington. In
support Of this contention the COM
mission points out that Congress
would have made specific provision il
such were its intention.
3. That the railway company is now
empowered to do interstate business.
4. That IL the /. c. c. has super
vision over the depreciation. regu-
lations of the company that 1t also
has entire supervision in every other
matter. The commission said that IL
such be the case the commission
should take entire control of the rail.
way companies.
s. If the commission grants the
petition of the railway company that
thousands of dollars expended in fix
ing the valuation of the railway
companies will be wasted. 1t also
states that the valuation of the COM
mission will no longer be legal.
The I. G. G. will set a date next
month to hear oral arguments on the
matter of Jurisdiction. 1t was the
rxy 70 q Il 81,