Evening star., 1935-06-23
Capital Transit Refuses to
Meet 100000 Bill on
Abandoned Lines.
DISTRICT WILL INSIST,
AND SUE IF NECESSARY
Different Provisions of Merger
Act Are Relied Upon by Each
Side in Controversy.

The Capital Transit Co. yesterday
tossed into the laps of District taxpay-
ers the cost of repaving some 20 miles
of street car tracks recently ordered
abandoned by the Public Utilities
Commission. This makes it appear
likely the courts will be called on to
decide who must pay the 100000
bill.
Far from accepting the burden Dis
trict officials let it be known they in
tend to present the company with the
repaving bill as soon as the work is
completed and sue, if necessary.
Refusal of the company to pay for
the work was expressed in a letter,
written yesterday. and addressed to
Capt. H. G. Whitehurst, District high
way engineer.
The District contends In a three
fold legal argument that the entire
cost of repaving the street should be
shouldered by the company. Attorneys
for the company say they see no obli-
CATION to pay. Both sides reluctantly
admit court clash is likely.
Prettyman Offers Opinion.
Corporation Counsel e. Barrett Pret-
lyman has furnished the Commission
ers with an opinion insisting the COM
pany should bear the cost. He quotes
the language of the merger act OF
January IA. 1888: "The Capital Tran
sit Co. shall bear the entire cost Incl
dent to track repairs, requirements
and changes ." and contends the
word changes" is intended to include
track abandonments.
The same section of the act, how
ever, contains a provision on which
the company relies to exempt 1t from
liability under the common law. II
purports to relieve the company of all
responsibility contained in prior laws
in connection with permanent i'm
provements, renewals, or repairs" to
street pavements.
1t is upon the common law that
Prettyman grounds his second argu-
ment, maintaining that the merger
act affects statutes only and does not
repeal the common law liability Of q
public utility to repair the surface Of
public tl1oroughfare which it de-
stroys.
Original Charters Cited.
Besides these two arguments, 1t Is
contended that the charters of the
two original traction companies
would compel them to pay for the
work.
Much besides the repaving has tc
be done in connection with the track
abandonment. Tracks must be taken
up, underground and overhead troll
leys removed and trolley poles taken
down.
Company officials were inclined yes
terday to minimize the value Of prop
erty which can be salvaged in the
track removals.
John H Hanna, company president
said the salvage would amount to lit
tie more than the cost of the opera
tionS.
Roberts Scores Rulings.
Peoples Counsel William A. Rob-
SCoOClddJ
randum to the Public Utilities Com
mission taking sharp issue with somt
of its recentS acts. He renewed hi!
objection to the 10-cent fare ordered
for the Chevy Chase express busse:
and his contertion that the proper
ton of passengers allowed to stanc
on buses during rush hours, nov
fixed at 40 per cent, should be low
cred.
Protesting against details incident
to the P street track abandonment
and car rercuting. he urged thai
the G street loop line cars should b
run as far as Thirty-f1fth street in
stead of Wisconsin avenue as at pres
ent.
The greatest hardship is in tht
area north of P street and in estab'
fishing connections with the Noun
Pleasant and other cars in the vicin'
ity of Dupont Circle, he declared
suggesting as q practical solution tina
the rates on the Burleith- Trinidad
bus line be placed on the street-cal
fare basis anc the present l0-cent
fare be discontinued.