Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-05-04
RETALIATION PLEA
PLANNED BY KEECH
Peoples Counsel Hopes to
Forestall Car Fare In
crease by Move.

Richmond B. Keech, peoples counsel
before the Public Utilities Commission,
will make his first legal move tomorrow
to forestall an increase in street car
fares by asking the District Supreme
Court to order a revaluation of the
properties Of the Washington Railway
81 Electric and Capital Traction Com
panies.
Keech's motion will be contained in
a brief answering the bills of complaint
of the traction companies over refusal
of the commission to grant higher
fare. It will serve as a prelude to the
impending court battle over the car fare
case which has been set for hearing
May IL.
Keech will leave to the discretion OF
the court to determine whether it should
make the new valuation or whether 1t
should be done by the commission.
The granting Of his motion, in any
event, would delay change In existing
car fares pending its completion.
viii File Separate Briefs.
Separate briefs will be filed by Keech
in answer to the bill of complaint OF
each of the two companies. In many
respects the arguments will be Identical.
According to present indications, the
car fare case, which has been pending
several months on an appeal by the
companies from the order OF the COM
mission denying an increase fare, VIII
be heard by Justice Bailey. Justice
Wheat has heard and ruled on the
various preliminary motions, and was
scheduled to sit when the case Is argued
on its merits. However, he is now de-
voting his time to condemnation cases,
and as a result, the car fare case, 1t Is
understood, Is to be shifted to the
calendar of Justice Baileys court.
Keech will contend in his answers
that both he and the commission are
without knowledge as to whether the
car companies find it impossible to earn
reasonable return upon their lair
value through existing rates OF fare;
that the evidence before the commission
fails to show the fair value OF the prop
critics and what amount 1t is possible
for them to earn through existing rates,
and what return Is reasonable under
the circumstances, or what return Is
actually earned; that the Washington
Railway & Electric Co. is not a neces-
sary party to the proceedings, and that
neither that company nor the Capital
Traction Co. is entitled to uniform re-
lief.
Will Claim Lack of Data.
With respect to the present valuation
of the companies, Keech will point out
that no evidence was produced before
the commission upon which 1t could
base a finding as to the present value
Of the properties, or the value thereof
as Of any date subsequent to January
l, 1925, and that since that date costs
of construction, cost of obtaining
money, duration of construction and in
terest during construction, overhead
charges, and other elements entering
into valuation, have decreased, while
the efficiency of construction methods
have at the same time increased.
Keech also will point out that the COM
panies offered no evidence before the
commission upon which 1t could base
a finding as to the estimated income to
be earned upon the proposed rate of fare
Of 10 cents cash with four tokens for
80 cents. The evidence as to the ratio
of token to cash fare riders and as to
decreases in the total number of pas
sengers under the suggested rates which
was submitted, he believes, is so conflict
ing and conjectural that the statements
in the bills of complaint of the COM
panies cannot be determined.
In his brief Keech will admit that
the car companies are being operated
as economically as can be reasonably
effected" under existing conditions, but
at the same time will express the opin-
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