Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-07-30
FARE. PLEA RECORD
Sf|RS BITTER FIGHT
Traction Counsel Clashes
With Commission and Attor-
neys in Rate Raise Hearing.

Continued From First Page.)
counsel, jumped to his feet Immediately
and declared that his recollection OF
the conference, which he attended last
Fall with Mr.. Bride and others. was
entirely different.
I'VE finally agreed" said Mr.. Ham
ilton, chat the commission would per-
nit the record in the former hearing or
any part thereof to be brought into this
new case The agreement was entered
into by us in perfect good faith. There
was nothing in the understanding st
that time to permit a violation OF that
contract by either party.
II say this contract was intended to
be what 1t purportS to be, as stated In
the letter of the commission to the
company at that time. Any violation
of that agreement will work an in
justice to the carriers"
Mr.. Bride then started to read from
o statement which he said was given
to the newspapers last october concern
ing the agreement.
"I never gave anything to the news
papers" interjected Mr.. Hamilton. II
don't know of anything being given to
the newspapers"
Statement to Press.
"Well, a statement of 10 lines to be
given to the newspapers was agreed
upon" insisted Mr.. Bride, land it stated
that the record should be available for
use should any other application be
fled"
well, that's all right" declared Mr.,
Hamilton: that's what I understood
the agreement to be-"
But the record was to be subject
to objection at the present hearing"
repeated Mr.. Bride.
Nothing was said about any objec-
ton at that time" Mr.. Hamilton replied
with some heat.
Mr.. Bride said that. Of course, 1t was
understood that objections might be
made to any testimony that might be
offered in the new hearing and Mr..
Hamilton replied that If such was the
case the agreement was worthless.
At this point Peoples Counsel Fleharty
interrupted to say that while he was not
present at the conference last Fall, he
understood afterward that the agree
ment was not intended to give any legal
advantage to either party.
Fleharty Enters Argument.
"Now, 1t seems tina: a legal advan-
tage Is sought to be obtained by the
company declared Mr.. Fleharty.
There Is a right way to introduce
these court records without presenting
them as part of the record of the
former hearing"
Unless the agreement meant that
we could introduce the former record
without its being subject to. spotty OBJ
jectionS, it was perfectly useless" in
fariAnfAl N
any legal advantage was sought or OBJ
tanned by the company"
Mr.. Dunlop, seconding the position
taken by Mr.. Hamilton, said that the
court record. giving the valuation Ct the
company's property, was admitted with
out objection at the former hearing.
and contended that the company's case
would be "prejudiced If the commission
did not admit the record into the pres
ent case.
THAT was the consideration when
We agreed to withdrawal CT the tcr-
mer application for q rate increase, de-
clared Mr.. Dunlop.
President Hanna Of the Capital Trac-
ton Co., at this point took part in the
argument, declaring that his recollec-
ton of the conference last Fall was the
same as that Of Mr. Hamilton and Mr.
Dunlop.
Explains Agreement.
1--WE agreed to a withdrawal Of the
former application" declared Mr.. Han
ma, because we understood we would
have an opportunity to use the record
made in that case at the hearing
which would be held when the applica-
ton was renewed. No mention was
ever made of the record being subject
to objection"
President Ham of the Washington
Railway g. Electric Co. added his voice
to the general debate, declaring that
while he was not a lawyer, he was
present at the conference referred to
and certainly understood the common
business sense" of the agreement.
I'VE all understood that the records
would be available in the future rate
case" insisted Mr.. Ham.
You were not there when this fea-
ture was discussed. You had golf
engagement" replied Mr. Bride.
Il may not have been present when
the final draft was made" said Mr.
Ham, but I was there when it was
discussed"
Mr.. Bride declared that Mr.. Ham
was wrong about the time he was pres
ent at the conference.
We'll. my recollection is very diff
ferent from yours" answered Mr.. Ham.
Clayton Attacks Stipulation.
At this point William Nick Clayton
representing the Federation of Citizens
Associations, interviewed. He said the
stipulation entered into was improper
1t ignored every right of the public in
q matter Of very vital importance. by
not allowing him to be present while
the stipulation was under consideration,
he said Mr. CLAYTON said that aS an
attorney of record in the case. he had