Evening star., 1947-08-03
Court Agrees 10 Rule
On Safeway Pickup
Plan in Baltimore Run

Judge Charles G. Marbury of the
Prince Georges County Circuit
Court yesterday agreed to decide
whether Safeway Trails, Inc, is en-
titled to establish pickup and deliv-
cry passenger bus service along the
Baltimore boulevard between here
and Baltimore.
The jurist threw out of court legal
objections by the Maryland Public
Service Commission, Pennsylvania
Greyhound Lines, Inc, and Capital
Transit Co. They had objected to
court review of the commissions
denial of Sideways right to estab-
lish the service. Greyhound now
has an exclusive franchise to pick
up and deliver passengers along the
boulevard.
Judge Marbury announced he will
sign an order overrulng all of the
ldemurrers filed by the commission,
IGreyhouud and CAPITAL Transit.
These desnurrerS IA e3ect, chal-
tfenged the legal right Of ssafeway to
pick up passengers, as it did during
ss4s 3 3
Rules Ii Favor 10 SaaeWay.
The commission, Greyhound and
Capital Transit contended unsuc-
cessfully Q) that George Quigley,
of Laurel, University Of Maryland
professor, on behalf Of the public,
and Safeway lacked the legal right
to appeal the commissions order
and (O that Mr.. NQuigley and Safe
way failed to state a valid cause
OF action in their complaints. Judge
Marbury, in his opinion, ruled in
favor of Mr.. Quigley and Safeway
on both points.
Judge Marbury used this signif1-
cant language: For the purposes
OF deciding the questions raised by
the demurrers, 1t seems sufficient to
say that the allegations taken as a
whole, which if proved after due
hearing in court, set forth a case
indicating that the orders of the
commission complained of were both
unreasonable and unlawful in that
they were not supported by substan-
tial evidence in the record.
Law Provides Redress.
1.-The correction of any such mis-
carriage OF justice, If it exists, comes
within the purview Of the provi-
sions Of the Public Service Com
mission Law, which provides redress
for arbitrary or capricious actions
Of the Commission.
Judge Marbury was told by the
riding public that Greyhound is
passing up people, its buses are
crowded and it is not keeping its
schedules. For these and other rea-
sons, the court was told the public
wants Safeway' to enter the field
again to provide better service. The
jurist was informed that not al
single community along the boule-
ward favored Greyhound, but sup
ported safeway.
The jurist observed that Prof.
Quigley contends "the need for
local service by both carriers is
greater today than during the war
emergency"
Transit's Port In Case.
Capital Transit appears in the
case because it operates between
College Park and the District line.
Before 1910, it operated both street.
car and bus services to Laurel, but
later got commission approval to
abandon these, Attorney Louis B.
Arnold, who represents Prof. Quig-
ley and the public, recalled.
Mr.. Arnold explained yesterday
evidence of matters which have oc-
Cured since the commission acted,
can be introduced before Judge
Marbury. He said the jurist could
send the case back to the commits
sion or decide it himself. The
Washington law firm of Roberts g.
McInnis represents Safeway,|
through Attorneys william A. Rob-
erts and Francis j. Ortman.
Prof. Quigley is president Of the
Baltimore Boulevard Bus Riders
Association and contends his group
represents about 1000 members of