Evening star., 1934-10-04
Utilities Body Upheld, but
Practical Effect Will Be
Delayed Some Time.
OFFICIALS ARE UNABLE
TO ENFORCE METER LAW
Lack Appropriation for Purpose.
Next Move Awaits Action
by Congress.
Although yesterdays decision by the

Although yesterdays decision by the
Court of Appeals sustained the Public
Utilities Commissions taxi code at
every point, it will have no immediate
practical effect on the operation of
taxicabs in the District, it appeared
today. Members of the commission
regarded the decision as a moral VIC
tory, but for many reasons it will be
impossible to change the taxicab situa-
ton here on the basis of the decision.
The decision sustains the power of
the commission to order meters in
stalled in all cabs and to abolish
the zone rates in favor of meter
rates. This, however, the COM
mission will not do because of a
priation act forbidding the use Of ap-
propriated moneys for the enforce
ment Of any such orders.
Accordingly, counsel for the commits
sion agreed to a suspension of the
order with respect to taxi meters until
Congress may legislate further and
definitely with regard to the policy to
be pursued.
Rental Limitation Upheld.
The second main point in the taxi
cab code which now has the support
of the District Court of Appeals was
an attack on the rental system OF taxi
operation. The taxi code provided
no motor vehicle shall be operated
as taxi cab except by the proprietor
thereof, or by a driver employed by
the proprietor and responsible to the
said proprietor"
The intent Of this action was to do
away with the rental system, but its
purpose has since been defeated by
change of operating methods by
certain owners Of large fleets of cabs
under which the cab instead of being
rented to driver is sold" to him on
a conditional bill of sale. A driver
makes weekly payments on the sale
just as he did under the old rental
contract. The effect of the new ar
rangement. however, is to make the
driver legally "the proprietor" of the
cab and this brings him within the
provisions of the code.
No doubt some other method of at
tack on this problem will be devel-
oped later, but it is not known what
form this will take.
Old System Condemned.
The combination zone and rental
system which the commission was
seeking to end was roundly con-
demned by Justice Jesse c. Adkins
Of District Supreme Court in an opin.
ion which was confirmed by the
Court Of Appeals yesterday. Justice
Adkins said, In my judgment the
zone system has been possible only
through the exploitation of labor
Under this system the owner furnishes
a new car to the driver at a rental
paid each day. Men are compelled to
work from IL to Is hours daily or be
supplanted by some one else.
The advent of this system inflicted
serious hardship upon those men in
the business, particularly the mer
driving their own cars. Their hours
were heightened and their income
reduced so that some were operating
at cost or at a loss. In the fierce
competition which ensued the zone
rate dropped>from IS to IS cents. Fol
some months it has been 20 cents
This rate is below cost If reasonable
wages are to be paid the drivers.
Work Day Held Too Long.
"The system forces payment to the
owner first, and the driver is COM
PEELED to take what is left. In his
effort to earn enough to live on he
works unreasonably long hours"
The code contains numerous other
regulations of lesser importance These
deal with making accident and f1nan-
cial reports to the commission, keep
ing the cabs clean and in good run
ming condition and similar matters.
One of the sections of the code which
is now daily violated prohibited the
use of radios in taxicabs.