Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-06-25
ADVISES FLEHARTY
TOF|GHT FARE HIKE
Capper Says Burden of Proof
Must Be Placed on
Company.

Expressing the opinion that you will
be just as active and Jealous IN the
peoples behalf as any lawyer acting in
behalf of an individual client and that
your purpose viii not be to consider
the matter from a judicial standpoint,
but as an advocate of the public in
terests." Senator Capper, chairman of
the Senate District committee, has
written Ralph B. Fleharty, peoples
counsel. pointing out that every proper
legal step should be taken in the Capt.
tai Traction rate increase case to place
upon the company the burden of proof
as to the need for higher fare.
Senator Capper outlined i'll detail
what he regarded as the policy Congress
intended should be adopted by the
peoples counsel in rate cases and ex-
pressed confidence that Mr.. Fleharty
would take the same view. The Sena-
tor made it clear that he was not per-
sonally undertaking to say in advance
what the decision of the rate case
should be, but TO express his belief as
10 the part the peoples counsel should
take in such cases.
Had Heard Doubts.
Chairman Cappcr began by stating
that since the application for an in
crease had been fled, some doubt has
been expressed TO me whether the pub
tic interest would be properly protected
in view of the fact that Congress has
adjourned. and the proposed merger
agreement, providing for continuance
OF present rates of fare for a limited
time cannot be acted upon until next
session.
In response" the Senator continued,
ct have expressed the opinion that you,
as peoples counsel. Will exert every
effort within your power to prevent any
injustice TO the people of the District
of Columbia who use the street car sys-
TEN. Personally I do not attempt to
Judge whether the Capital Traction Co.
is entitled to increased revenue. That
Is a matter which must be left to deter
natnation by the Public Utilities Com
mission and the court. ! have pointed
out, however, that the act of Congress
creating the Office OF peoples counsel.
while it 6enominated such official as an
additional counsel of the commission,
very clearly provided for complete in
dependence Of judgment and action by
the peoples counsel
Represent People"
IT know that it was the intention of
our committee. and Of those who ap-
peared before it in support of the legis-
lation, that the peoples counsel should,
in fact. represent the people of the Dis
trlct Of Columbia, the assumption being
that the interest of the public utility
company would properly and thoroughly
be represented by private counsel, and
that the Public Utilities Commission
would act in quasi judicial capacity,
having the benefit of the advice on
legal matters not only of the peoples
counsel, but of the corporation counsel,
as provided by Law
7 have no doubt whatever that your
own construction Of your duty under the
laE viii result in the use BY you Of every
proper legal and equitable means to pre-
vent an increase Of the rate Of carfaTe
in the District :"
The Public Utilities Commission con-
vened IN executive session today to re-
sumo consideration Of the application
fare
Aside from fixing a date for a public
hearing on the application, the COM
mission hopes to dispose of several
other questions which have a direct and
important relation to the fare increase
Cemand. These are whether reValu-
alton should be made of the Capital
Traction Co. properties prior to con-
Sideratton of rate case, and whether
the Washington Railway & Electric Co,
which has not asked for higher fare,
should be made an unwilling party to
the former company's application.
Al of these questions were canyaSSed
at meeting Of the commission last
week, but no decision was reached on
any of them.