Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-02-01
LAWSUITS DELAY
ENFORCEMENT OF
NEW TAXI RULES
Maj. Pratt Hats Arrests of
Drivers Until Permits
Can Be Issued.
UTILITIES REGULATIONS
IN EFFECT LAST NIGHT
Commission Replies to Action Seek.
ing Injunction Against
Auto Requirements.

The Public Utilities Commission's
drastic new code governing the opera
ton and equipment of taxicabs and
other public vehicles went into effect
today, while the police, who are charged
with its enforcement, literally blinked
at violations.
The police ignored the new regula-
tons at the direction of Mai. Henry
@. Pratt, superintendent, who issued a
general order to precinct commanders
to forget them until further notice. It
Is understood that no effort will be
made at enforcement pending DISPOSE
ton Of two cases now in the District
Supreme Court which are designed to
test the authority of the commission
to assume jurisdiction over all types
of common carriers as it attempts to
do in the new code.
In the meantime the commission
continued to issue permanent and tenn
porary licenses to cab drivers, who, OBJ
livious Of Maj. Prattis order, frsntically
made last-minute efforts to comply with
the regulations and avoid threatened
arrest
2O7 Permanent Permits.
Thus far the commission has issued
permanent permits to 207 public vehicle
operators who have complied with the
equipment regulations and given salts
factory assurance of their financial
responsibility. Eight hundred and fifty
seven temporary permits also have been
issued, but the holders of a majority
OF these must yet satisfy the commits
sion of their financial responsibility, or
else comply with certain Of the equip
ment regulations before receiving per-
menent licenses
Police Inspector E. w. Brown. in
charge OF the Traffic Bureau. estimates
there are 2,400 public vehicles in WASH
1ngton coming within the scope of the
commissions new code. Thus there are
more than 1900 such vehicles which
nave not even passed temporary muster
before the commission
The two cases on which the Police
department. is waiting decision before
enforcing the regulations were taken
70 the court by taxi operators F.. B.
smith, an independent taxi driver, filed
the first suit for an injunction to re-
strain the commission from enforcing
lts new order. hearing on motion
70 dismiss this petition, filed by AS
sistant Corporation Counsel Robert z.
Lynch, was held yesterday before
Justice Alfred A. Wheat.
Second Suit Filed.
The Bell Cab Co., Inc, fled the other
suit. 1t petitioned the court to restrain
the commission and Mai. Pratt from
assuming jurisdiction over the vehicles
It operates and from forcing compliance
with the new regulations.
Inc new regulations compel the own
ers OF all cabs operating IN Washington
on meters to post with the commission
some assurance of their financial re-
eponSlbll1ty TO meet accident claims in
the form OF an insurance policy. an in
oemnlty bond or a satisfactory state
ment OF the ownership of unincumbered
real or personal property sufhcient to
meet accident claims.
the regulations further provide for
Iie inspection OF meters, brakes and
other equipment. Certificates are given
TO each cab passing all requirements
ana these are to be carried on the lower
xlgnt-hand corner of the windshield.
permanent certificates showing the
cap mas fully complied with all re-
qu1rements are white. The Temporary
certtncates are brown. These are given
IN the case of cab owners who have
mace bona flde attempts to comply
with the regulations, but whose COM
pliance Is not yet complete in all de-
talls. The temporary certificates will
De exchanged for permanent ones as
soon as the cab owners comply with
the rules.
Justice Wheat yesterday afternoon took
under adv1sement motion of the Pub
lie Utilities Commission, filed through
Corporation Counsel Bride and Assist
ant Corporation Counsel Lynch, to dis
miss the suit for injunction brought by
Smith. -
Claims Power for Rule,
the commission points out that the
suit should be dismissed because the
plaintiff Is operating as a common car
r1er and as such is subject to all lawful
orders and regulations OF the Commits
sion. It defends as reasonable and
within its powers the new regulation
TO which exception is taken and de-
ciareS 1t Is a reasonable exercise of the
authority vested in the commission by
act of Congress.
Attorney Leon Robin for Smith
called to the attention Of the court the
decision OF the District Court of Ap-
pealS in 1927 in the Harlan case in
which that court held the commission
without power to require the filing of
an indemnity bond by taxicab owners.
There has been no action of Congress
since that decision, he claimed. and
the commission Is now attempting to
do just what the court had held IL
lacked power to do Recourse shollld
have been had to Congress by the COM
mission, he asserted, to change the law.
Smith claimed he was unable to give
the required security and declared COM
pliance with the regulation would de-
stroy his business, for which he has
paid license fee until June 80.