Evening star., 1930-12-01
NEW TAX|CAB LAW
PLAN AS SUIT FAILS
Commission to Consider
Change Making Operators
Responsible.

The Public Utilities Commission,
which today lost its fight in the Court
of Appeals for power to insist on finan-
cial responsibility on the part of taxi
cab operators, is planning to ask Con-
gress for an amendment to its organic
act giving it power to enforce its regu-
lations by prosecution in Police Court
The legislation has been drafted and
will be considered at the commissions
meeting next Thursday. 1t covers not
only taxicabs, but all utilities, and pro-
vides a fine of not to exceed 500 on
conviction of the operator in Police
Court with alternative of imprisonment
on failure to pay the fine.
The present situation Is that the
commission must proceed against util-
tiles that violate its regulation by as
sessing penalty and then suing for the
penalty in Municipal Court. One such
suit has been appealed to the Court of
Appeals. The case, involving the right
Of the commission to specify the routes
OF interstate buSSes travelling through
Washington. has been argued, and a
decision is expected next month.
No Enforcing Change.
The decision rendered by the Court of
Appeals today on the taXicab rule will
work no change in the present methods
OF enforcing the taxi code, as no effort
has been made to enforce the provision
in question since it was challenged in
the lower court. A bill specifically CIV
ing the commission the power to re-
qu1re showing financial responsibility on
the part of taXicab operators is already
pending in Congress.
In the decision of the Court of Ap-
peals today 1t is held that the commits
sion exceeded the powers granted to it
In lts organic act and affirmed the de-
cree OF the lower court entoining its
enforcement.
Chief Justice George E. Martin. who
wrote the opinion, pointed out that
congress exercises exclusive legislative
cause within the District of Columbia
and that the commission is merely an
administrative agency. Even the Dis
trict commissioners have been held by
tne united States Supreme Court to be
merely administrative officers. the court
notes, and are clothed only with nower
OF making police regulations" and onlv
Sucn as are usual and commonly known
py That designation.
Snow Law Citation.
Citation is made of the snow law
regulation sought to be enforced for the
removal OF snow and ice from the side
walk wnere in the case of Coughlin VS..
district of Columbia the Court of An
peals held that the Commissioners LACK
eo authority and pointed out that de-
spite the fact that various other munic-
lpalltieS exercised their power. here
congress alone could legislate on the
subject. '--S
After citing the sections Of the or
ganlc act upon which the Commission
relied for its right to issue the bond or
security regulation, Chief Justice Mar
tin says:
These provisions plainly relate to
tne material equipment and facilities
OF all utilities within the District ana
tler actual physical operation; also to
me efficiency of the service rendered bv
tnem, and the regulation of the rates
charged by them. The act contains no
mention or implication of any authority
delegated to the commission to max,
or enforce such a regulation as is in
VOWED herein. In view of the fact
mat such regulation necessarily inn
, poses substantial tax upon a class of
persons within the District which NAV
oe olmlnlsheo or increased at the dis
cretion of the commission. it is not n
pe presumed that such authority would
oe granted by implication.
Cheaper Fare, BIanton Aim.
Vigorous campaign for cheaper trans
portation for the workers in the Dis
trlct Is promised by Representative
Thomas L. Blanton of Texas as his
major effort for legislation at this ses-
sion OF Congress affecting the District
Of Columbia.
Representative Blanton will seek To
break up what he says is "the existing
monopoly by taxicab companies at
Union Station and around hotels"
Representative Blanton has had
many pictures taken showing the traf-
f1c congestion that he claims is caused
by granting the monopoly to taxicabs
In the streets and all Of the principal
business corners, as well as by the
maintenance of a blue-sky garage and
reservation of the nearest traffic lane al
Union Station.
Il am for reducing fares on busses
and street cars, so that the people can
afford to ride" he said.
II am for giving the lowest rate on
street cars and buses to school chill
dren.
II am in favor of keeping the District
tax rate under 50 and spending all
that Is necessary for District improve.
ments out Of the Federal Treasury"