Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-03-14
Wheat Refuses Plea for
Raise Pending Court
Action on Suits.
MOTION TO DISMISS
LOST BY COMMISSION
Case Will Be Decided on It's Merits
in District Supreme
Tribunal.

Efforts of the street railway COM
panies to get temporary 10-cent fare
pending final action by the District SUI
preme Court on their suits for a higher
fare were blocked today by Justice Al
fred A. Wheat.
In lengthy opinion, Justice Wheat
denied the motion of the car companies
for a preliminary injunction to compel
the Public Utilities Commission to or.
der a 10-cent fare until the court ter.
inmates consideration of the rate case,
and, at the same time, denied the mo-
ton of the commission to dismiss the
suits. His action leaves the car fare
case in status quo until the court de-
cides the merits of the claims of the
companies for fare increase.
The car companies turned to the
courts for financial relief after the
Utilities Commission fatty rejected their
application for a 10-cent cash fare or
4 tokens for 80 cents. Aside from the
suits asking for a fare increase on the
ground OF confiscation, the companies
filed an injunction to have the higher
fare put into effect pending action on
the cases.
Question Is Complex.
"TheSe are actions" said Justice
Wheat, brought to review a decision
OF the Public Utilities Commission re-
fusing to grant the railway companies
an increase OF fare. The companies
move for an injunction, the effect of
which would be to allow them to charge
pendente lite the rates, which the COM
mission refuses to authorize after ex-
tended hearings. They assert strenu-
ously that the present rates which have
been In effect for number of years
are so plainly conhscatory, while the
rates which they ask are so clearly
proper that there ought to be no doubt
about 1t. The Public Utilities Commits
sion denies this claim and urges that
the showing made by the companies
falls short Of the proof necessary to itis-
THY the granting Of the relief sought.
The ordinary and generally accept
ed justification for preliminary In
junction Is to preserve Q status, not to
that the situation Is not quite tlae same
as 1t would be If the commission had
ruled that the existing rates should be
reduced.
'''The question Of the rates which may
lawfully be charged by public service
corporations Is always one Of great
completely and difficulty, and In the
present case, after much consideration,
as has been possible, upon a motion, !
am not persuaded that the claims Of the
railway companies are so free from
doubt as to require me to grant them
before there has been a full hearing.
THE motion for preliminary injunc-
ton will, therefore, be denied.
1.-The Public Utilities Commission also
moves to dismiss the bills. That mo-
ton, as have heretofore indicated will
also be denied"
Statement Declined.
Chairman Mason M. Patrick and Vice
Chairman Harleigh H. Hartman Of the
commission received the news with evi-
dent pleasure, but declined to make any
statement regarding it for publication
on the ground that any such statement
from them would be improper.
William Mckay Clayton, who served
as counsel for the Federation of Citi-
ZenS' Associations during the lengthy
hearings on the case before the COM
mission, said:
That's very good news. think our
case Is in good shape and ] feel conf
dent that the decision to be reached
after full hearing on the merits will
be the same as the decision made to-
day"
Peoples Counsel Richmond q. Keech
was not appointed until after the case
had been argued. He said that he
would at once begin work on filing an
answer attacking the merits of the COM
pany's bill. He said he did not know
whether he would take the same posi-
ton as that of the commission but that
whether he agreed with the particular
points decided by them or not he would
file a petition to be allowed to inter-
vene and subsequently put in his
answer. He too expressed confidence
that the decision on the final hearing
on the merits of the case would be the
same as the decision announced today.