Evening star., 1947-05-11
D. {. Fare Boost
IN Balance as
|CI0 Asks k Stay
Let's Denies Injunction
And Appeal Is Made
To PUG Head
BULLETIN.

Henry BeitScher, president
of the washington Industrial
Union Council, early this
morning took the councils
fight on increases In transit
fares here to Public Utilities
Chairman James H. Flanagan
in q laSt-minute appeal for a
rehearing. Mr.. Beitscher an
i1ollnced he would call upon
Mr.. Flanagan at his home, de-
spite The lateness of the hour.
An increase in District transit
fares appeared assured today de-
spite a dramatic last minute
legal effort to restrain the Capt.
tai Transit Co. from making the
change, scheduled for 5 am.
After two-hour hearing. held in
the lobby of the Kennedy Warren
Apartments. District Court Justice F.
Dickinson Let's, shortly after mid
night, denied an application by tho
Washington Industrial Union Coun-
Gil OF the CIO and its president,
Henry Beitscher, for restraining
order against the transit company.
After the hearing, Herman
Tocker, attorney for the CIO group,
said that he was considering the
possibility OF further appeal" but
refused to go into detail.
Two avenues Of appeal might be
open to hirn-firsts an appeal TO
the United States Court of Appeals
on Justice Let's ruling or a direct
appeal to some member OF the Pub
lie Utilities Commission.
This would involve approaching
the justices or commission MEM
bers after am, the hour at which
the principals at Justice Let's hear
ing left the Kennedy-W Warren.
The increased rates authorized
by the PUG are for weekly passes,
$1.50 and single fares 10 cents
straight. School children's rates re-
main the same.
In denying the application to halt
the raise in fares, Justice Let's said
the CIO group would have to file q
petition before the PUG asking q
refearing before his court could
have jurisdiction. Mr.. Tocker con-
tended the commission did not give
his client the proper remedy BY
rushing" the order into effect. The
order was dated Thursday afternoon.
Justice Let's said Congress real
lied that there might be hardship
in cases of this kind, where citizens
seek to enjoin an action Of the COM
mission. Under the rules, the jurist
said these plaintiffs would have to
give substantial bond to protect
against any damage or loss. Con-
gress, he observed, undertook TO
provide an administrative remedy.
whereby, when an application Is
filed for review Of PUG order, that
order is temporarily stayed, until
the commission acts.
Shortage Of Time Denied.
Taking up the plaintiffs con-
tention that the PUG action was
arbitrary in not allowing sufficient
time to request a review, Justice
Let's declared that the plaintiff had
two DAYS and three nights In which
to seek PUG review. He added
that was sufficient time to point
out any errors and If that was not
enough, they had 80 days In which
to file amended applications. He
added that 1t was entirely feasible
for one of the plaintiffs to file q
request with the PUG for review
and for the others to follow up
with details.
Present at the hearing in addi-
ton to Justice Let's, Mr.. Tocker
and F. Gloyd Await. trainst coun-
sci, were Sam Clarke, another transit
counsel; Peoples Counsel John
O'Dea, Lloyd B. Harrison, counsel
for the PUG; Mr.. Beitscher, e. D.
Merrill, company president, and j.
E. Heberle, vice president and con-
troller.
Mr.. Await said in his argument
that the company found in De-
cember 1t was going in the red and
asked the PUG for an increase In
rates. II the company makes more
than contemplated, 1t must set aside
what it makes above tx per cent
in a reserve fund
Daily Losses Cited.
He pointed also to the practical
difIiculty Of hating the increase at
this late hour. He declared If q
restraining order was signed 1t
would deprive the company Of
$500 a day.
Mr.. Harrison said Mr.. Tocker
(See FARES, Page Alb
n r sl = L..