New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1908-11-06
NO TRANSFERS YET
Roads Ask p. S. c. for Rehearing
on Order.

The. answer of the receivers Of the Metropolitan
| Street Railway Company to whether they In
tended to obey the order of the Public Service Com
mission for restoration of the transfer exchange
system with the Fifty-ninth Street Crosstown line
came yesterday in the form of request for re-
| hearing the order. accompanied by q detailed
statement reviewing the reasons for the receivers
opposition to it. brought out In the many hear
ings already held.
Previous 10 the receipt OF the receivers petition
William n. Dykman counsel for the Central Park.
North & East River Railroad Company, the owner
of the Fifty-ninth Street line, had informed the
commission that his company too. would ask for
a reheartng. The reason for the Central Parks op-
position to the order. Mr.. Dykman said, was be-
cause the company would suffer loss II 1t were to
get only Ia cents OF every nickel taken from
transfer passenger using the lines of both COM
panies.
Under the terms OF the order, which passed
last Friday the two roads have until to-day to let
the commission know whether they will comply
with the order which take effect November
z and TO be experimental for four months. The
provisions of the order called for the establishment
of through routes in the between 34th street
and 116th street. Out every nickel received from
passengers, ga cents apportoned to the Metro
politan company and Ia cents TO the Central Park
company The commission has set Monday next
for a hearing on the petitions OF the companies for
a rehesrins on the order and has extended the
time for notification to whether they will obey
the order not until November IL.
In their petition for rehearins the receivers at
tack the constitutionalty of the public service
missions law, especially Section 70. under which the
commissions order issued. in that It deprives
owners Of property of their property without due
process of law and discriminates unjustly between
classes Of property owners" For the same reason
1t is attacked being in violation Of the Consti-
tuition of the United States and of that of the
State OF New York The receivers also say the
section does not apply to street railroads and re-
terate the contention made at the hearings that the
two roads do not under the wording OF the law,
form through route, nor they be made to do
In explanation of their assertion that the order
is unconstitutional because confscatory OF the
property under their charge the receivers say
that the cost Of carrying passengers would exceed
the receipts and would not give return OF 10 per
cent upon the capital invested, las fixed by statute
and by commercial usage. any other fair return
property" This return has been obtained dur
ing the last year, they say; the other hands
there has been deficit OF earnings since the ap-
pointment OF the receivers.
The objections to the system imprsct-
cable, the abuse of the transfer system, the impos-
sibilty of segregating passengers within the zone
and the loss Of revenue short haul passengers
by the infection Of more long haul routes are also
given reasons for objections to the order.
II the rehearing is granted Mr.. Dykman said he
would prove by figures OF the Central Park com
panys accountants that that company would suffer
a loss if il were to get only IA cents of every
nickel received under the transfer arrangement 1t
IS expected that owing to the exhaustive manner
in which the commission has gone into the subject
and the opportunity given the companies to present
their case the application for reheaTing will be
denied In that event the companies will in all
probability take the matter to the courts.