Evening star., 1936-07-13
UTILITIES BODY IS
TOLD LAW Of 1892
is STILL IN FORCE
Conductor Could Not Serve
as Driver in Days of
Horse Carrier.
KEECH TO CONSIDER
DISMISSING PETITION
Commissioner Says Properties Of
Merged Companies Are to Have
New Valuation.

A 44-year-old statute invoked dur
ing the horse-car days makes one-man
street cars illegal, William NICK. Clay
ton, chairman of the Public Utilities
Committee of the Federation of Citi-
zens' Associations, claimed today in an
unsuccessful attempt to halt the
Public Utilities Commissions hearing
on a petition to extend the use Of
single operator cars in the District.
After other attempts to end the
hearing failed, Clayton pointed to a
law passed in 1892, when horse cars
were used, which he said is still in
force. The statute stipulates, he
pointed out, that a conductor be
placed in charge and that the con-
ductor could not also serve as the
driver.
The law was enacted before the
Public Utilities Commission was
created" Clayton said, but it is still
a law. If it applied to one-man cars
in the horse-car day, it certainly ap-
plies now.
Law Being Violated"
'The operation of its II one-man
cars now is in violation of the law
and any further extension of the use
Of one-man cars will be against the
law"
Clayton moved that the Capital
Transit Co.'S petition be dismissed and
Commissioner Richmond B. Keech
took the matter under advisement.
Earlier, with only Commissioner
Keech present, Clayton moved for
postponement of the hearing until the
return of Chairman Riley E. Elgen and
Engineer Commissioner Dan 1. Sultan.
He also moved to make the North
American Co., owners Of the Capital
Transit Co., party to the hearing
and then asked that the case be post
poned until the properties of the COM
pany be valued by the commission.
All the motions were denied by
Keech, but Clayton noted an excep-
tion.
In denying the first motions, Keech
cited the public utilities act to show
his authority for proceeding with his
two colleagues absent. Elgen is Ill
at his home and Sultan is absent from
the city.
Mere Rubber Stamps"
Clayton contended that since the
North American Co. owns the local
company and names its directors.
the Capital Transit officials are mere
ly rubber stamps" for the owners.
I'VE would like to be advised" he
said. mot by this company. but by
the parent company. whether it is their
policy to continue and extend the
use of one-man cars"
In demanding postponement until
after a valuation is made, Clayton
pointed out that the one-man opera
ton will affect the revenues of the
company.
This naturally leads to rate hear
ing, and if there is to be a rate hear"
ing then we should wait on a valu-
alton"
Keech declared that the properties
Of the old Washington Railway g.
Electric Co., the former Capital Trac-
ton Co., and the Washington Rapid
Transit Co., are now being valued and
that complete new valuation of the
company formed by the 1888 merger
soon will be made
I'VE expect to call valuation hear
ing as soon as this work can be done"
Keech said.
Then I move to postpone this hear
ing until that is DONE" Clayton asked.
Keech denied the motion.
Fitzgerald Defends System.
When he had finished, the company
called Thomas Fitzgerald. vice presi-
dent and general manager OF the
Pittsburgh Railways Co., as its first
witness.
"One-man cars saved our company
from bankruptcy and receivership,'
Fitzgerald said.
He said the company had been cited
for a national safety award in 1892,
1888 and 1884, thus disqualifying itself
for further competition for two more
years. Accidents generally have been
greatly reduced, he said, as the mum.
Der Of one-man cars have been in.
creased
Thompson also said that the WASH
ington cars he has inspected carry
more safety devices that the Pitts
burgh cars, chiefly the dead-man con-
troll and interlocking and treadle
doors.
The company has asked for the
right to convert 20 new stpeamlined
cars for one-man operation and to
use 20 other reconditioned cars recent
lv niircha sed from providence p