Evening star., 1948-08-02
3Judges0 Open
Hearing in Fight
On Joint Fares
Capital Transit Seeks
To End Arrangement;
New Rates in Effect

A special three-1udge tribunal IN
District Court today heard argu-
ments on the Capital Transit Co.
petition to have joint fares with
two Virginia buslines declared void.
The hearing was opened before
Justice Wilbur K Miller OF the
United States Court of Appeals and
Justices Alexander Holtzof and Ed
ward A. Tamm of District Court
The hearing began as joint Vir-
pinia Washington fares went up to-
day for $16O for II rides to $l.92
The Capital Transit wants to with
draw from the joint fare arrange
ment and collect a straight 10-cent
fare from commuter rides within
the District as it does from those
who do not leave the District.
At the same time the joint fares
were increased under an order of
the Interstate Commerce Commits
sion, the two Virginia bus lines in
volved in the case ended the sale
of three tickets for Is cents for rides
between Washington and Govern
ment installation nearby In Virginia.
A straight 10-cent fare where the
Joint fate is not used went into
effect today.
Jurisdiction Challenged.
Capital Transit contended in court
that the ICC was without jurisdic-
ton and that the joint rates are
confscatory.
Under the former rate, which
amounted to 1879 cents. Capital
Transit's share was 5.83 cents. Under
the new fare effective today, Capital
Transit's share is 7 cents of the
IS cents per ride.
Daryal A. Myse, attorney for Cap
ital Transit, indicated the company
has cut its costs per person per ride
by about a quarter of a cent.
He read from the ICC order of
last July statement that in the
four months from June to Septem |
ber, 1947, inclusive, the average eX-
pense per passenger on all of the
company's District traffic was 9968
cents. He filed a statement by. J. E. !,
Eeberle, vice president and con-
troller of the company, that the
average cost now is 972l cents.
Temporary Order Sought.
1t was made clear by Mr.. Myse
and by attorney for the two Vir-
ginia lines that if temporary order
granting a stay of the ICC ruling on
rates be granted, the Virginia lines
would be free to collect full fares
for their part of the travel. The
two Virginia lines are The Washing
ton. Virginia 81 Maryland Coach
Co, and Alexandria, Bancroft e.
Washington Transit Co.
Lloyd B. Harrison, representing
the Public Utilities Commission of
the District, which has ordered
Capital Transit not to participate
in the joint rates, argued in favor
of restraining the ICC. He based
his arguments on three grounds:
That the order of the ICC is con-
fiscatory, that it discriminates in
favor of riders who go to certain
points in Virginia against those
whose trips are only in the District,
as we'll as interstate travellers from
Maryland and from other points ar
irving by train or bus, and, thirdly, !
on grounds of jurisdiction.
Under the joint fare in effect
until today bus riders between
Washington and the Pentagon and
other Government installations in
Virginia, who used Capital Transit
facilities for part of their trip, paid
a fare of 1919 cents. Capital Tran
sits share was 5.83 cents.
Holtzoff Hears Petition.
Last Monday Justice Holtzoff, sit
ting alone, heard an earlier petit
ton by the transit company. That
suit had asked a declaratory judg-
ment deciding whether the COM
pany should obey the ICC joint fare
ruling or a District Public Utilities
Commissions order to charge a
straight 10-cent fare and not par
ticipate in a joint fare.
The company also asked tenn
porary Injunction against the ICC
order. Justice Holtzoff denied this
but offered to issue such an order
against the PUG. which would have
protected Capital Transit from PEN
alties for failure to observe the
PUC's instructions. The PUG said
it would not invoke the penalties
and Capital Transit thereupon de-
clined to ask for an order against
the District regulatory agency.
A three-judge court is provided
for cases in which petitioners ask
that ICC orders be suspended or set
aside