Minutes 09/12/1922 - Laserfiche WebLink

Home Browse Search

September 12, 1922 The Compa~y'in its desire to fully co-operate with you in working out the problem at hand is willing to modify its answer of August 8th, on the four essential propositions mentioned by you, in the following manner: - (a) JITNEYS: The C0~pany accepts your propositi~on not to allow other systems of urban transportation to operat$ in competition with the Company nearer than two blocks from the ~ortion ?f mny street on which the Company operates, or may operate, its s~reet oa:s or t=olli- bus~ses, (~bject to the exceptions c~tmined in your res61ution~, mnd the operation of the ~two jitney lines, one on Cowry Street, mnd the other on Sou~ Street, ~ith the understanding that it Jitney ~ines, or other syst~ of urban transportation should upon a reasonable trial, p~ove to be.really competitive, ~he Council will so re-route or re.late them ~ to make them non-competitive, the determination of the question whether sucHlines are c~petitive or not being left to arbitration. In this co~ection the Comply sug~sts thmt the ~wo jitn~ lines mentioned ~bove ~e operated from May 1st, next, when it is hoped our re routing pl~ will bec~e effective, for six months, mhd that m record be kept so as to msoertmin whether they mrs really competitive or supplementS, (b) PA~NG: The Comply ~o rem~n liable for all paving which it is now le~lly liable for under e~sting franchises, but not mt ~is time ~o oremte ~ny new obligation for p~ving whish i~ not provided for by existing franchises, ~e Comply no~ %o be require~ to pmy mny pavi~ ohmrges for one ye~ ~ter ~he completion of improvements ~d in~gurmtion of improved service~ ~e Compmny feels ~=e that y~ will mpprecia~e the diffioul~ which co.fonts it in mttempting to m~ke ~n mocurmte forecast of the results of Wpermtions, ~nce i~ is im- possible to calculate ~efinitely on the mmoun% of the gross receipts, ~d Quite ~ffi~l~ to es~mmte the opermti~ cos=s, and more especially when there is alsys hmngi-ng over it ~certmln paving ob~i~tien i~volving expensive track const~otion, ~ioh may be in any one ~ear a s~ of from $1,0~ to $~00,0~. ~e CO~, therefore, begs to brin~ to ~our mttentiom how essential it Is that i~ should have fr~ the city m fixed mhd definite annual ~ount above which the Compa~ will not be required to make expenditures for paving, in ~ny one ye~, so ~h~t the Company cmn state with ~s ~ch accuray ms possible its fixed li~ilit~em, ~s this is essenti~ in o~der that it may make the necessary fin~ci~ arrang~ents to provide an ~equm~e ~spqrtation system a~ present, as well as i~the future. Of course if suc~ mrrmngement should~be made mhd the Comply should still be ~able for ~'paving, the ~roposition for ~ division of surplus proposed in the ~mpan~'s ~nswer of Au~st 8th, would be considered ~s wi thdrm~. (o) FA~S: The jurIs~=~ion of the State Oorpormtion Oo~ission for the re~l~tion of fares is not only conferred upon it by the State Consti~tion, ~t the ~estion hms also been ~efini~ely settled b~ the decision of the Oo~ission in the Portsmouth omse, mhd by ~he cision of the ~pre~ C~rt of A~s of the State of Virginia, in t~ Ric~ond Telephone o~se, ~nd the Company h~s be~n ~dvised by its ~ttorneys that the j~is~ction of the Co~ mission ig not ~fe~ted by 'the ~estion ms to whether the franchise w~s entered int~ bef~e or after the new Constitution of 19~2 went in~o effect. T~s hein~ ~ue, the Company,'. ~ well ms the Oit~, is bo~d by the law of the l~d, mhd it om~o~ by contract, or otherwise, mbrogmte or ohan~ ~hmt lmw, ~d ~y contrao~ whfch it might enter into wi~h the Oity, fixing the f~es for mny n~ber of ye~s would not be vmlid. It necessmril~ follows from wha~ has be~ said, that the O~pany cannot m~quiesoe in the statem~t of ~e ~rd paragraph ef the letter ~ef Gemerml Jervey, of Auger 28th, that a well real.ted monopoly is one which Is r~ulmted by the local go~erni~ body. The 9~mny h~s not Understood thmt the principle ~nouneed in the Co. oil's resolution of July l$~h,~ tha~ mn md~mte system ~f ur~ transportation must of its nat~e be m !mted monopoly ~s subject %o such m construction. ~e Company, however, is willing, wlthou~ in mnT wmy m~t~pting to surrender or imp~r the juris~ction of the Stmte Corpormtion Com- mission, t9 ~ee, ~ter ~he re-r~ting ~s completed ~d contemplated service installed, say mbout H~y 1st, 1923, that it will stmrt out with m six cent fmre ~d school tlcke~s, ms ~t present, ~a that for m y~ from that time it~ will not, apply to the State Corporation Co~ission for ~ny chmnge in the f~re, ~d if mt the end O~ the yemr the Co~cil and the Company should m~ee 'that economic conditions ~d the ~ainess of the Company w~ran~e~ m deoremse in the f~e ~o ~ve cents, the Oompmny will itself mpply ~o the Commission to mllowe~ ~o charge a five cent fare. In view of the fact that the State Commission is ~ oDen %o any r~es~ of the Cit~ . ms it is ~o m request of ~he Comply ~nd that the City will always have the right to re.ire that the Comply prove ~o the Commission .that it h~s the right ~o chugs ~y spec%fie the Comply c~ot ~ree, without ~alifiomtion, to the proposition that if fares in the City of Port.curb mrs in~emsed mt mny time beyond seven sents that the Council mmy ~n loose on it ~oh jitney or other competition ms it mi~t choose. The Compmny ~esires if it enters upon this ~'d~aking, ~o carry it t~ou~ not only for one ye~, ~t ms years ms it m~Y be necess~y~in ~e spirit in which it Is ~tered into, that is, of sincere oo-operm~i~n wi~h the City to furnish it mn adequate trmnsportation s~s~em, mlwmys m~ such fmres ms ~e justifie~ by existing conditions. ~e Comply is willing to s~y ~d does ~hat it will not mt any time mppl~ to the Cofpor~ti,on Oo~ission for ~n in. ease In f~es unless ~oh increase is necess~y in or~der that the~ompm~ may furnish ~ mde~te system of transportmtion ~o the City ~d mt the s~e time reoeive m fmir re~urn on its investment. To further show, however, i~s Spirit of oo-opermtion, in o~se the f~e is ever mdvmnoed beyond seven cents ~ the S~mte Corporation Commission, it ~11 fully ~d thor~ghly ~ls~uss the ~estion of other ~d competitive means of trmmsportation with ~e City, givi~ f~l ~ccess to its records mhd if the City mhd C~pmny mrs then unable Zo reach m satisfactory underst~dl~, the Comply will-be willing to leave the entire question of the intro~ction of competitive ~sportmtion to mn ~p~rtial board of ~bitra'tion. (d) SCHEDULES: What has been said above in relation to the ju~isdlctlon of the State Corporation Commission, applies to the power given the Commission to regulate the service of public utility companies.~ The Company is, however, willing that the maximum time interval he~ween oars and trollibusses on the several_routes shall be fixed in the agreement, and to further a~ee that the service shall alwa~e~b~ such as traffic conditions.requir~e~, ~a~.d that if the Council mud the. Company c~nnot ~g~ee on what service is necessary ~o'mee~axzic