Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-11-02
TAXI INSURANCE
INJUNCTION TO Be
ARGUED TOMORROW
Utilities Group Seeks to Fix
Financial Responsibility
for Industry.
INDEPENDENT OWNER
HALTED RECENT ORDER
Commission Insists Act Of 1918
Gives It Power 1t Seeks to
Exercise.

The question Of the power Of the
Public Utilities Commission to insist
on financial responsibility of these en-
gagged In the taxicab industry will be
argued before the District Court of APP
peals tomorrow; This question was de-
cided against the commission by the
District Supreme Court, which issued
q permanent Injunction restraining the
commission from enforcing its order
No. 823 of December 80, 1929, in which
the requirement of financial response
bility was established.
This requirement, according to the
order could be met In three ways-by
q statement disclosing ability to pay all
damages which may result from any
and all accidents due to the negligent
use and operation of the taxicab: by
filing with the commission a security,
indemnity, or bond guaranteeing the
payment of such damages, or by taking
insurance to reasonable amount the
operators liability to pay such damages
Independent Owner Sues.
When it was sought to put this order
into effect, an independent taxi owner,
r. B. Smith. sued ont and obtained
an Injunction against 'J in The trial
court. The commission appealed. In
its brief the commission insists that
the public utilities act of March 4,
1918, although not specifically making
provision for financial responsibility of
taxicab owners, was broad enough to
give the commission the powers which
It. now seeks to exercise. The brief
quotes one paragraph of the act which
states that every public utility Is re-
quired to obey the lawful orders of
the commission" and another which
states that every public utility doing
k1ate VNyif he If
bia is required to furnish service and
facilities reasonably safe and adequate
and In all respects just and reasonable
Under this it Is contended that safe"
means free from harm, injury, or risk,
and that service and facilities are not
In all respects just and reasonable
where the victim of the negligence of
the operator and owner of a Caxicab
cannot satisfy Just judgment rem
dered against him by reason Of his
negligence.
Roberts 20 Argue Case.
The case is to be argued for the
commission by Assistant Corporation
Counsel William A. Roberts and Robert
e. Lynch. The commission has been
seeking an effective control over the
taxicab industry for the past year,
without very much In the way Of prac-
tical results. One police regulation
recently adopted by the District Com
missioners has made it possible for the
commission to enforce its order that all
cabs on the streets must carry, painted
on the body. the name or trade style
of the operator and the serial number
OF the cab. The commission is now
engaged In strenuous efforts to secure
enforcement of its orders relating to
the filing of monthly statistical reports
by the taxi concerns by suing them for
fines In all cases where the reports are
not made. None of these cases, how
ever, has yet been tried. Last year the
commission sought specific legislation
from Congress giving it control of the
taxi industry In these various par
ticulars, but the act was not passed.