Evening star., 1937-12-05
TOKEN FARE PLEA
FATE LIKELY TO Be
KNOWN THIS WEEK
Commission to Decide if Ap-
peal Is Valid When Filed
Day Late.
SEAL THINKS CLAYTON
WRONG ABOUT HOLIDAY
Federation Representative De.
clares Thanksgiving Doesn't Count
in Statutory 80 Days.

Whether the Federation of Citizens
Associations has lost its chance for an
appeal to District Court over the in
crease in the street car token fares
due to delinquency in petitioning the
Public Utilities Commission for a re-
considerations scheduled for de-
termination this week by the commits
sion
The ruling will hinge on a ruling as
to whether Thanksgiving Day, legal
holiday, should be counted as one OF
the 80 days allowed by the Public
Utilities Appeal Act of 1885 for filing
OF a petition for reconsideration of a
commission order
William NICK. Clayton, legal repre-
sentative Of the Federation in the fare
case, yesterday filed with the COM
mission the petition for reconsidera-
ton of its fare order-3l calendar
days after publication OF the order.
Members Of the commission at once
protested they did not wish to decide
the case on a technicality, but in
sisted that they, as we'll as petitioner,
must be bound by the statute.
Legal Holidays Often Exempted.
Mr.. Clayton. advised of the ques-
ton raised by the commission, insisted
that Thanksgiving Day was dies non"
and did not count, and he recalled
that the courts frequently followed
the practice of exempting legal holi-
days from. counting time limits.
Elwood H. Seal, corporation coun-
sci, who is general consel to the COM
mission, said he would not rule finally
until he had checked court decisions
on the point, but said he felt sure
Mr. Clayton was wrong. He explained
that in giving time limits on legal
actions the courts will specify "ex-
elusive OF Sundays and legal holidays"
If they wish to exempt them from the
count.
In the utility statute, Mr.. Seal
added, Congress merely limited the
time for a reconsideration petition
to 80 days. He said that Congress,
in specifying the time when tax acts
shall 60 into effect, usually stated
the number of days and that this
meant calendar days, without exempt
ing holidays or Sundays.
Court action on the fare order has
been the subject OF informal talk,
but Mr.. Clayton has not stated def
nitely he planned a court attack if he
lost IN the appeal for reconsideration
by the commission. On this point.
however, the Public Utilities Appeals
Act states: mo appeal shall lie from
any order Of the commission unless an
application for reconsideration shall
have been first made and determined. !"
Mandamus Action Possible.
If the commission rules that the
Federation's petition is not legally
before it, on the ground that it was
filed too late. Mr.. Clayton said he
would consider whether to resort to
a mandamus action, seeking to compel
the commission to consider his pc
tition for reconsideration. He said
the action would be based on his
claim that the commission incorrectly
interpreted the appeals act.
In his petition, Mr.. Clayton argued
that the commission was In error in
eight instances in its order granting
the increase in the token fare from
four for 80 cents to six for so cents.
He protested bitterly the commission
decision prohibiting the sale Of tokens
In blocks Of less than so, insisted that
the rate order would reduce rather
than increase the patronage Of the
Capital Transit Co. and implied that
the six-for-50-cent rate was in
tended to relieve one-man car opera
tions Of some of their difficulties.