Evening star., 1936-08-21
FEDERATION ASKS
UTILITIES HEARING
|ON CARS Be VO|DED
Absence of Two of Commits.
sioners Is Basis for Re.
neWed Appeal.
PETITION is FILED
BY w. Mex. CLAYTON
Investor Group Presents Pleas
Against One Opera
ton Here.

Protest that the hearing held by the
Public Utilities Commission on the
petition of the Capital Transit Co. to
place 40 additional one-man cars to
service was illegal, on the ground tes-
timony was heard by only one Of the
three utility commissioners. was re-
newed today by the Federation OF
Citizens Associations.
In a brief filed with the commits
sion by William NICK. Clayton. vet
eran chairman Of the Utilities Com
mittee Of the federation, the body de-
manded that the proceedings be va
Gated. At the hearings Clayton also
demanded rejection of the company's
petition, on other grounds.
With bitter eloquence. Clayton said
II the law is construed to allow one
commissioner to hold hearings. then
Congress should Hitlerize the act and
provide for but one commissioner and
not for . Public Utilities Commission
Of three"
The hearing was conducted by Vice
Chairman Richmond B. Keech. Chair
man Riley E. Elgen was seriously Ill
and Engineer Commissioner Dan I.
Sultan on vacation A motion to dis
miss was made by Clayton at conclu-
sion Of the hearings, but 1t was over
ruled.
Devoting his entire brief to this
point, Clayton quoted the utilities act
to show that "a majority of the Com
missioners shall constitute quorum to
do business" Another section says
that ''any investigation, inquiry or
hearing" may be held by any Commits
sioner, whose orders. when approved
by the commission. shall be deemed to
be the order of the commission"
Clayton argued it could never have
been the intent of Congress to include
formal public hearings, 'freighted with
possibilities. under this reference, par
ticularly when there was no emergency
as to time.
He protested that the other two
Commissioners now must pass on q
"soulless. deaf and dumb transcript OF
1000 pages" and that this act "in
chambers not open to the public
would Offend against the integrity
and probity Of the act"
In another brief filed with the COM
mission Charles Seldom and Robert B
Bennett, attorneys for certain in
vestors" in bonds of the old Capital
Traction Co., protested against the
"uninterested absentee ownership" OF
the merged company.
Directing to the proposal Of the
company to place additional cars in
one-man operation. the attorneys said
Opposition to this type Of service
by the public is due principally to
prejudice based upon experience with
inadequate and antiquated one-man
car equipment. The Transit Co. has
expended $4,000. 900. OF this evpendi-
ture only an approximate amount of
$685., 900 was spent for 20 new up-to-
date, modern street cars. The rest of
the rolling stock consists of street cars
principally fit for the museum, and
Of certain used cars recently purchased
which are not modern as established
by the Herschfeld Research and which
purchase represents a policy Of feed
ing in used equipment"
The attorneys stated that II the
commission fails to take proper action
on the company's petition, they will
reserve the right ITO avail themselves
Of such further remedies" as they deem
proper, indicating they might apply
to the courts to prevent the acquisi-
ton Of additional secondhand cars