Evening star., 1938-12-12
Court Blocks Plans
OF Auto Railroad
To Enter D. {.
Capital Transit Co. Fears
'IrreporobIe' Loss
From Competition

A legal barrier-in the form of
restraining order issued at District
Court-today blocked the path of
the so-called auto-railers the Ar
ington & Fairfax Auto Railroad
Co. plans to operate in the Capital.
The temporary restraining order,
preventing the Public Utilities Com
mission and the District Commis-
sioners from putting into effect an
order allowing the Virginia railroad
company to extend its service was
obtained by the Capital Transit Co.
Signed by Justice F. Dickinson
Let's, the order asserted that op-
erations of the Virginia line in the
District would work immediate and
irreparable injury, loss and damage
on the Capital Transit Co. before
a court hearing could be held to
determine the legality of the pro-
posal.
Asked Permanent Injunction.
Prior to obtaining the restraining
order, the Capital Transit Co.,
through it's president, e. D. Merrill,
filed a complaint seeking per-
manent injunction against the Pub
lie Utilities Commission and Com
missioners from putting into effect
the order giving the Virginia COM
pany permission to extend its auto
rail service to terminal in the
District.
In it's complaint the transit COM
pany stated the proposed extended
operations of the Virginia company
would divert passengers, seriously
impair its revenues and is not neces-
sary for the convenience of the
public.
The complaint stated the order
issued by the Utilities Commission
and the Commissioners, acting as a
joint board, violates the provisions
of the Merger Act, and is, there
fore, null and void, since the board
is without jurisdiction.
Origin of Traffic.
The complaint pointed out that
large share of the Capital Tran
sit Co.'S traffic originates at the
south end of Key Bridge. where the
| Virginia auto-railers, under the Or
der, would be allowed to pick up
passengers and carry them to a
terminal on Fourth street NV, just
south of Constitution avenue.
In approving the auto-railer serv-
| TIti1ifiar
the request of the Virginia company
to make passenger stops within the
District other than at the Fourth
street terminal.
The Merger Act, which the trans
it company claims has been violated
by the order, provides that no COM
peting utility can extend its serv.
ice into the District without first
obtaining a certificate of conven.
ience and necessity.
Fears Injury to Tracks.
The transit company also stated
in its complaint that operation o.
the auto-railers would jeopardizt
if not ruin its Key Bridge trackage
in which the DlStrlct firm has
large capital investment.
Operation of auto-railers in thu
Capital has been contested for NOR,
than year and the plan has beer
before the I. c. C.. as we'll as thu
Utilities Commission and the Cour
of Appeals. The predecessor of tn,
present Arlington & Fairfax Autt
Railroad Co. made application il
1886 to extend its operations, bu
a joint board representing the I. c
c., the Utilities Commission ant
the Virginia Corporation Commits
sion refused to grant a certificate
of convenience and necessity.
The proposal also was fought a
public hearings at which the Capi
tai Transit Co. and the Virginia
Maryland Coach Co. insisted. au
thority must be obtained from tn
I. G. c.