Evening star., 1923-03-19
RIGHTS Of UTILITIES
BODY CHALLENGED
Twice At HEARING
Clayton Questions Authority
to Rule in BIadensburg
Road Controversy.
HE is ASKED TO RETIRE
!, IF HE DISLIKES METHOD
Tobriner Declares Commission Can
not Order Abandonment
of Service.

HohiIi iiSslOH on the application of the
ashlngton- -Interurban Railway Com
pahy 10 tear up its tracks on Bladens-
purg road and substitute bus service
was enlIVened today when William
Mch. clayton challenged the right of
the commission 10 proceed
Mr Clayton, appearing for the Fed
Grafton of Citizens Associa tions. based
ms objection on the ground that the
commission disqualified itself to con-
slder the question by having previous
~ approved an opinion of Corporation
counsel Stephens to the effect that
IL would he legal to authorize aban-
donment of the tracks.
Contends Legality Decided
The federation's representative cor
tended that this question of legality
was one of the most important points
IN the case. which. apparently, al
ready had been decided
MT clayton exhibited from the rec
ords or the commission A memoran-
dun1 purporting to show that the
mem bers of the commission had con-
CURED in the legal opinion OF the
corporation counsel.
Commissioner Rudolph presiding in
the absence of Col. Keller replied
that he did not believe Mr. Clayton
had the facts correctly. The Com
missioner declared emphatically that
the commission had not made any de-
cision and would not until after the
public hearing.
Clayton Is Quizzed.
Walter c. Allen. executive secretary
TO the commission, asked MIR. Clayton
this question:
DO you contend that the commits
sion cannot confer with it's counsel
on an important matter before the
public hearing?"
Mr.. Clayton answered that he did
not question the commi ssions right
n Il
having received that advice, it should
let the matter rest until after the
hearing.
At this point Mr.. Clayton renewed
his objection to the hearing going on,
Whereupon Commi ssioner Oyster in
terposed with the suggestion that il
MT. clayton was not satisfied he
should retire and allow the hearing
to continue
Ham Pleads Poverty.
The colloquy ended. and the hearing
proceeded, with William F. Ham.
president of the company. taking the
stand TO set forth the reasons why
the company wishes to abandon its
traokage.
He explained that when the District
paves Badensburg road from j.
street north it would cost the COM
pany approximately s152.O00 to re-
e9ns1ruct e2nsnn ar and pave its tracks This
pany could not possibly stand
This road said Mr. Ham. sis
hopelessly insolvent it is bankrupt"
Mr.: Ham then proceeded to submit
ings of the Bladensburg line since
1915. The tracks extend from 18th
and II streets to East RfverdaIe It
was explained by the president that
take up the three miles of track from
the District line to Riverdale.
Maryland Roads Poor.
Mr.. Ham said the only difference
the change would make for the
residents OF that vicinity would be
the Inconvenience of transferring
from the motor bus to the street car
at the District line. He explained
that the company could not run
! busses through to Riverdale at this
OF the highway along the tracks in
Maryland.
The president of the company
voiced the belief that the best solu-
ton of the question would be for
the residents of Maryland to have
. their section of the highway as far
,, as Riverdale improved SO that the
company might run through bus
service.
Leon Tobr.ner. attorney for the
blduellSpufS ROAD citizens ASsOCia
tion, challenged the right of the
commission 10 authorize any utility
TO abandon service
Mr.. TobTiner declared he could not
find in the utilities act any language
which would give the commission
power to allow the company to take
up its tracks. He said his con-
ceptior OF the law is that il merely
permits the commission to authorize
extensions of existing facilities.
The attorney asR9rted that the
men he represented along Bladens-
burg road donated TO the District the
land needed to widen the highway SO
that the present tracks could be laid
! and now they are threatened with
being deprived of those tracks
/ Mr.. Tobrincr made the point thar
The company would be under no obli-
! cation to continue service to Bladens-
burg road once it was authorized TO
remove it's tracks
Maj. Daniel j. Donovan. auditor of
! the District. attended the bearing
for the purpose of reminding the
commission that the Washington In
! terurban Company owes the District
government approximately $4,000.
The District has issued a certificate
of Indebtedness against the road for
S6,9S129. bearing interest at 10 per
cent, for failure of the company to
meet its share of paving costs in
the past There is another item of
s7.523 for telegraph poles. the audi
tor contends.