Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-06-18
NINE RULES ISSUED
FOR TROLLEY FARE
/. INCREASE HEARING
Drawn Up by Commission
at Lengthy Session and
Served on Company.
TESTIMONY TO BE HELD
DOWN TO ESSENTIALS
Sale of Gas Light Stock Is Con-
sidered, but Action Awaits
Legal Opinion.

Nine rules for conducting the public
hearing July 2 on the request of the
Capital Traction Co. for an increase in
car fare on all lines in the District were
served on the company today The
rules were drawn up at lengthy ses-
sion of the commission yesterday.
The commission also considered the
sale of the majority of the stock in the
Washington Gas Light Co. to New York
f1nanciers, but took no action on the
matter pending receipt of an opinion
from Corporation Counsel William w.
Bride, legal adviser of the commission,
on the legal aspects of. the sale.
The rules for thee arfare hearing
were mainly directed TO holding the tes-
timony down to essentials. Particular
attention, however, was aroused by the
last rule, which read: THE commission
is moth ound by the rules of stare
dec1sis and res adjudicata.''
Hartman Explains.
Commissioner Harleigh H. Hartman
explained today that this meant that
the commission in the carfare case
would not be bound by decisions of
former commissions in any particular.
This is possible, he said, in administra-
tive bodies, although impossible for
courts. It is understood that the rule
has reference principally to the offer of
the former commission, in hearing che
company's petition for an increase of
fare last Fall, that the record in that
case could be used in any future case,
The offer is contained in letter to the
company from the commission, dated
October 90. 1928. which reads, in part:
1T Is understood also for the sake of
nd hat
be permitted to use the record which was
made in the recent hearing in any sub
Sequent hearing for so much as it may
be worth, preserving the right, of course,
to add to it any additional evidence
which you might care to offer and at
the same time permitting other inter-
ested parties to have the same privi-
lege"
The present commission is believed
to be dissatisfied with the record of
the previous case in several respects,
and the first rules adopted limit care
fully the use to which it may be put.
Rules for Hearing.
The rules are as follows:
Excerpts from the record in case No.
POI the first petition) will be speci-
fed by page and line numbers. Coun-
sci desiring to introduce such evidence
will furnish the commission and oppoS-
ing counsel with a statement of the
evidence intended to be offered On
such offer it shall be understood that
if desired by the commission or coun-
sci the witness will be recalled for fur
ther questioning.
"All exhibits will be marked for
Identification when offered and will not
be received in evidence until opposing
counsel has been afforded opportunity
to study them and examine the witness
on matters relative to the competency
of the evidence. Evidence given relative
to exhibits while they are marked for
Identification will be received in evil
dence or excluded and treated as an
offer OF proof, depending upon the COM
missions ruling as to the admissibility
of the exhibit
mo matters within the scope Of the
commissions judicial knowledge will be
received in evidence. If offered, such
matters will be marked for identifica-
ton and permitted to accompany the
record
Gan matters within the scope Of iu-
dicial knowledge which the parties wish
the commission to consider shall be
called to its attention on the record
witnesses viii not be permitted to
read into the record matters which are
self-evident from the face of exhibits
or long excerpts from decisions or other
printed documents.
Argument at Close of Quiz.
Counsel are requested to present all
detailed statements of fact, so far as
possible, in the form of exhibits show
ing agreed statements of fact
Counsel will be required to reserve
all argument as to general principles
until the close of the hearing
"CrosS-examination will be limited to
the scope of direct examination and will
not be permitted until direct examina-
ton on that phase of the case has been
completed. Counsel will be required to
complete their croSs-examination with
out the intervention of questions by
other counsel, unless such interruption
is specially permitted by the commits
sion.
THE receipt of hearsay or secondary
evidence by the commission without OBJ
lection or over objection shall not af-
feet the weight to be accorded such
evidence"