Evening star., 1928-09-11
Discrimination Charged in
Considering Capital Trac-
ton Application Alone.
UTILITIES COMMISSION
WITHHOLDS ITS DECISION
Fleharty Asks Proceedings Dis
missed Unless Both Transit Com
panies Are Made Parties.

During IIlc LuIlulLuOuS NEARING OH LIle
application of the Capital Traction Co.
for a higher fare, the Public Utilities
Commission today voted to withhold It's
decision on a motion made by Ralph
Fleharty. peoples counsel. to dismiss
the proceedings on the ground Of Illegal
ity unless the commission issues for
NAL order making the Washington Rail-
way g. Electric Co. a party to the appli-
cation.
William H. Ham, president Of the
Washington Railway e. Electric Co.,
came out fatty and told the commission
that his company expected to be given
the same fare extended to the Capital
Traction Co. His statement was para
mount to the Washington Railway &
Electric Co. system joining in the appli-
cation, based, as he explained to the
commission, on the discrimination that
would arise if two rates of fares existed
in the District.
Fleharty Gives Warning.
Fleharty coupled his motion to dis
miss with a curt warning that any citi-
zen would have the legal right to ap-
ply to the courts for an injunction to
restrain the commission from any order
forbidding the Washington Railway &
Electric Co. from sharing in higher
fare under the circumstances.
He based his motion to dismiss on
the ground that the commission has
no legal right to grant or consider an
increase in fares for the Washington
Railway & Electric Co. under the
order issued for hearings on the appli-
cation of the rival company. He de-
clared the commission must first give
public notice that such step is con-
templated. The public, he insisted, had
not been so informed in this case. Any
action by the commission under which
the Washington Railway g. Electric
Co. system would share in the increased
fare consequently would be unjusttfiable
and illegal. Fleharty contended.
Trade Board Enters Case.
For the first time the Washington
Board of Trade, through Frank Shipp,
chairman of its fare-increase COM
mittee. took hand in the proceedings.
He asked the commission to issue a
mandatory order making the Washing
ton Railway and Electric Co. a party In
the case. without being held responsible
for making an application. Pending the
outcome of the merger case in Congress,
however, he told the commission, the
Board of Trade was opposed to any in
crease IN fare being granted. at this
time.
william Nick. Clayton. speaking for
the Federation of Citizens Associations,
Joined fundamentally with Fleharty in
supporting the motion to dismiss. He
attacked the position of the commission
and pleaded with it to give the people
their day in court" So far as argu-
ments for a unified rate of fare were
concerned. Clayton declared that such
a thing does not exist in the District
Rather, he explained. the So-called
unified rate here Is merger against
the public.
The controversy and ensuing legal
arguments arose when George T. Dun
lop, counsel for the Capital Traction
Co., sought to introduce evidence show
ing the operations OF the Washington
Railway q Electric Co. and financial
status in connection with the presenta-
ton of his own case. This act was con-
strued by Fleharty as carrying out
former declarations by company off,
cials that they would undertake to
prove by figures that the Washington
Railway & Electric Co. system itself
was i'll need of higher fare. Both
Fleharty and Clayton protested against
the introduction of such evidence.
Clayton charged that Dunlop was
attempting to bring in the Washing
ton Railway g. Electric Co. through the
back door," charge which later in
the proceedings was vehemently denied
by George E. Hamilton for the Capital
Traction Co.
Unified Rate Demanded.
S. r. Bowen of the Washington COM
pany joined with Dunlop in the con-
tention that it would be discriminatory,
illegal and against public interest to fix
one rate of fare for company and not
apply the same rate to competing
company. They contended there has
been a uniform and unbroken policy
from the beginning to consider the
public interests, and the public inter-
ests. they added, depended upon uni
fed rate of fare.
Quoting from former decisions of the
Continued on Page 2. Column g.
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