New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-06-15
TIE RAILWAY COMMISSIONERS DUTY

The Railroad Commissioners appear 10 DC dcV-
ing upon q strange misrepresentation as 10 tne
nature and scope Of their duties ana ruhcoiohs
,nder the statnte which makes their consent
one of the prerequisites for changing the motive
mower of street railways. This has been stink
inply apparent in the views expressed ana the
course followed by the Commissioners IN tne
cases of the street railways Of the Annexed DIS
trct and OF Brooklyn that have recently sought
the approval of the Board for change rom
horse mower to the so-called trolley electric sys-
tom The Board in every instance has based
lie decision upon the single question whether
tho MENTIONING company had the requisite con
sor+s If property-owners along the designated
ronto IF they concluded that such necessary
consents had been obtained, the approval OF the
BOARD has followed as matter OF course II
not, IL has been refused.
Neither the letter nor the spirit OF the statute
will bear any such Interpretation. This law
has laid down two necessary preliminary con-
ditions to the right of street railway company
10 make such change of its motive power; one
is the consent of a majority in value OF properly
owners Tor the approval of Supreme Court Com
missioners) and the other is the decision OF the
Railway BOARD in favor of such change. Zach
is independent of the other, and either one may
precede the other in point OF tme' IL Is Crue
that the fact that property-oWners along Vho
proposed line are generally in favor OF OF op-
posed to the application may be worthy Oh rea-
sonahle and sometimes of the most serious at
tention in determining the questions involved
But that the Commissioners should regard IL
not merely as the chief but the only consldera-
ton seems almost inevitable. If the Legislature
had intended to impose simply the clerical duty
Of deciding whether the requisite amount OF
nroperty-owners consents had been obtained 1t
would have delegated the authority to oHcialS
of quite a different character. The ComnlS-
sioners are strangely belttling their Office by
taking such low views Of their duties
The real purpose of the Legislature IN I'M
posing these two independent conditions prece-
dent to such a change OF motive power Is uil-
mistaxable. The consent Of property Owners
merely represents local sentiment in the partlc-
Mar vicinity of the railway; and that 1t was
rocarded as of quite subsidiary importance is
apparent from the fact that the approval OF SUI
pIeme Court Commissioners is permitted to take
its place But the Railway Commissioners
REPRESENT the interests, not merely OF the local
ity through which the railroad runs but OF the
entire community, or at all events, of the entire
CITY. Nothing else can take the place OF their
consent. In other words, they stand in place OF
the local authorities. They are bound to regard
the interests of the entire municipality and the
welfare of all the inhabitants of the city 10
rest their decision merely with ascertaming
whether the applicant has fulfilled the oher
condition under the statute Is to disregard the
eravest obligation imposed upon them, and 70
shirk their most important responsibility
These observations find their apt illustration
in the application OF one of the Brooklyn com
panies now before the Board. previous ap-
pication of the same company was denied, not
upon the high ground urged by the municipal
authorities. that thu future development and
welfare of the city demanded that this danger
ous system should be kept out of its streets, but
upon the batry ground that by technical con-
structon sufficient consents OF adjoining own
ers had not been obtained, coupled also with a
suggestion as to the manner in which the Com
missioners' scruples upon this point might De
overcome The Board now seems to be ap-
preaching the consideration Of the second appll-
cation in exactly the same spirit. OF one fact,
however, it may rest confidently assured; If its
members shall continue to act simply as in
spectors and eTIumeratOrs OF the consents OF
local property owners, rather than as the pro-
tectoIs and guardians of the interests OF the
entire city and the citizens generally, the next
Legislature will make quick work OF such re-
form in the law as will provide in the place OF
this Board some adequate and complete means
of fulfilling the righteous purposes of the statute