Evening star., 1932-11-20
LAW INTRICACIES
STUDIED BY KEECH
Peoples Counsel and Assist
ant to Present Pupils Car
Fare Brief.

Intricate problems in constitutional
law are being studied by Peoples Coun-
sci Richmond B. Keech 3n1 Assistant
Corporation Counsel William A. Rob
ertS for presentation in joint brief
defending the 3-cent rate Of car and
bus fare for school children. now under
attack in District Supreme Court. The
brief, which viii be presented sCme time
this week, will be in support Of mo-
tion to dismiss the appeal Of the Capital
Traction Co., the Washington Railway
& Electric Co. and the Washington
Rapid Transit Co. from the order Of the
Fuhlic Utilities Commission putting the
3-cent rate into effect.
The companies claim that this order
depriyeS them Of their conStitutionally
protected right to a reasonable return
on the value of their property devoted
to public service, since all of them were
earning below this level when the order
went into effect.
Bus Company Deficit.
The bus company wa5 actually operat-
ing on a deficit. The brief now being
prepared, however, will claim that the
order, based on an act OF Congress. is
the expression OF the police power
of the Congress over the District, SIM
liar to the power of State legislatures
in State matters. There are many in
stances where a State may deprive a
person or corporation Of his otherwise
constitutionally protected property
through legislation designed to forward
some purpose approved by the courts.
In one case which will be cited, de-
cided by the Supreme Court Of the
United States, a city ordinance Of Los
ATnoInC q hTfrk -lril1l rArDnaTtr
in the city to residential purposes was
sustained, although the property owner
showed that this would decrease the
value of his land from 100000 to $780,
0G0. In another case, closer to the
one at hand. the same court sustained
a New Jersey statute, which compelled
the railways of that State to carry
detectives absolutely free. The briet
will claim that the support of educa-
ton is a proper sphere for the opera
tion of the police power" of Congress
over the District and that the present
act cannot be interfered with even il
it be shown that it causes loss to the
corporations.
Other Subsidiary Points.
There are several other subsidiary
points to be dealt with in the brief.
one OF IIle companies CldlillS ID JilaiI
they had no notice of the commission S
intention to reduce the rates after the
act was passed The trief will contend
that this point is immaterial, because
since the commission fixed the highest
rate allowed by the act, the companies
cannot be harmed by anything the
commission did, and so long as Con-
gress was acting within its powers, the
commissions order must stand.
Another point is that the reduced
fare act is a violation Of the charter
rights of the companies. two of which
have congressional charters conferring
a scent fare. The brief will contend
that this point has been settled ad-
versely to the plaintiffs by the recent
decision of the Court Of Claims (cer-
tiorari denied by the United States Su-
preme Court, which sustained two
acts of Congress which invalidated the
charter rights of the Mount Vernon,
Alexandria & Washington Railway
The brief also will discuss the con-
tentions of the companies that they
have lost money under the operation OF
the present school child rate and will
seek to minimize this loss by showing
that while the total number of pas
sengers carried has decreased since the
act went into effect, the number OF
school children carried has increased.