The evening world., 1903-01-02
Peoples Representative Pro.
tests Against Secret Ses-
sion Of Railroad Com.
mission on Solution Of
Crowding Problem.
NOT INVITED TO ATTEND.
Col. Dunn Announces Plan Will
Be Forwarded TO Roads To-
Day and Will Be Published
Monday.


The State Board OF Railroad Com
m~issioners held another one of those
aprivate gatherings at the Fifth Ave-
nue. Hotel, in which they went over
submitted by william f. King. of the
Merchants Association, to prove that
the schedules filed by the Manhattan
IT, road with the Commission are not
maintained In the operation Of the road.
Mr.. King was not there, although It
was expected that he would be allowed
to be present. Instead. when the Board
began Its secret conference meeting, Mr..
King was in the offices of the Mer-
ohants' Association. writing a letter to
the Commission reiterating his demand
thai the hearings in his matter be made
public instead Of secret.
The letter. which Is in reply to the one
received from the State Railroad Com
mission dated Dec. 81. 1902. is as fol-
lows:
New York. Jan. 2, 1908.
"Hon. Ashley w. Cole. Chairman STATE
Railroad Commission. Fifth Avenue
Hotel, City.
Dear Sir: We are In receipt OF your
communication dated the 3ist ult. The
same was laid -efore the Chairman OF
our Legal Committee. Theron G. Strong.
esq. and myself.
"We note that you ave the powers
of disc. elton vested In you In section
1863 in regard to secret hearings. The
language of the section in which dlscre-
ton is vested in you is as follows:
The commissioners shall not give
publicity to such Information, contracts,
agreements. leases or other engagements
II, In their Judgment. the public inter-
ests do not require ii. or the welfare and
prosperity OF railroad corporations OF
the State might be thereby i%njuriousIy
affected
PrihaariIy Affect Citizens.
1--WE Respectfully submit that the mat
ters now under consideration by your
4 Commission in connection with our
+ transportation facilities are matters
which primarily affect the individual
4 c~itizens. In view of the failure on the
2 part OF the transportation companies to
ave themselves furnished the remedy
for the existing evils, 1t Is only fair and
just 10 the citizens of the city that the
hearings In reference 10 these matters
1 should be public instead OF private, that
the public interests do require such pub
4 Iicity, and that the mowers Of discretion
vested In you should be exercised to that
effect.
"The character Of the information
concerning the conditions under investl-
CATION Is such that no possible harm
could be done to the corporations by
having the meetings at which this infor-
nation Is obtained made public, for the
welfare and prosperity of the railroad
corporations would not be injuriously
affected thereby. Therefore the reason
for making use of the discretion vested
IN you. as stated in Section 1853 OF the
Railroad law, does not, in our opinion.
apply to this situation.
awe therefore reafirm our request
that these hearings and conferences be
open to the public and that we be per-
mitted TO be present thereat. Very truly
.coMMITTEE ON FRANCHISES AND
TRANSPORTATION, THE MER-
CHANTS ASSOCIATION OF NEW
YORK, BY WILLIAM p. KING.
Chairman"
Col. Dunn announced that the
plan Of relief was almost In shape and
that the Commission would probably
z Civ II to the roads this afternoon.
Commissioner Bake said thai nothing
would be mado public until Monday,
Z. ~uhn. al aha NrnnaaAInaa utn,,1l h. ..t,na
out.
The Commissioners emerged from
their secrecy at 1 o'clock. and loosened
up enough to say that they had spent
the morning and several auires of
paper trying to figure out II the won
darfnig plan OF relief, which they have
evolved would Mt in with the schedules
of the Manhattan a." as submitted by
that wide-awake corporation. Some
moro figuring was required, they said.
ana after certifying themselves with
Inncheon they prepared TO so back to
their den and do 1t,
No Wa Not Iavited.
The reason Mr.. King did not attend
he meeting this morning was that h
@oa not invited. He was very mao
ltbrt Il tee, When seen by an Even
|11 World reporter after the issuanc'
Ms leteer. he said;
rIlle Abunes Of the Transportation
[1pneples are bad enough. but they ar
a bad a. those which We are beinl
|IIEpd TO suner 1t the hands OF tn
.i|tosd COMMISSIONER, ! have re
we'd 70 ~inyitation TO attend h meet
.t4y and ] DO not intend to 8
4ILttIp shotld De permitted
<&tst mestingsL The public ha
~ knowing whether the Con
a aeHipg for the concession
public demands Or Ehsths
|N'.1ipnstH are feallaa With III
1|if4IeIF These A1efel NEE