The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1908-01-02

% warfantaolA spent for renewals and re-
pairs. what extensions would be justified,
ment, IN fact, how much money a RAILROAD
should be allowed TO make or Obliged to
make, and consequently what net earnings
should result from winch dividends could
be paid.
1T Is obvious that this problem Is very
complex and difficult of solution, and again,
i is doubtful IL any commission would have
the power TO regulate rates of any rail-
roads already chartere1 by the State, If the
charters (as In most instances) fix q rate
OF charge within a certain limitation. Such
a charter may be regarded as a contract,
the obligation of which cannot be impaired
either directly, by the Legislature. In a
statutory enactment, or Indirectly, through
the agency of a commission. II this be true.
The commission entrusted with power Of
alternating would at once be confronted
by a posture of affairs where certain
railroads would be beyond its reach, while
others would be within its control. This
might result in an unequal and incomplete
disposition of the whole problem. These
considerations together with the fact that
NE Federal statute regulates rates between
States. and the further fact of the general
recognition and willing compliance with its
provisions in intra-state traffic, together
Wtta the equalizlng effect of acute compe-
tltion, lead the board to conclude that its
control of rate-making is undesirable.
quite apart. however. from the prob
lem Of rate making is the duty 10 correct
unjust and unfair DETERMINATIONS both
~ tAFA tho HtAA hChh0 a.
stances of such determinations lave been
presented already for the boards consid-
Grafton, notably the complaint of Joseph
Brakely, from which 1t appeared that, as
compared with other packages OF like
weight, an unfair freight sharge was OK
acted Of him. This discrimination was in
Nestigated by the board and the railroad
concerned promptly corrected the unfair
charge. 1t would seem that. without con-
fusion and by methods which were fair
and equitable, The board could and should
control all matters involving unfair and
Unjust determinations.
Whatever may be tho nature of the
commission which is to deal with the prob
lens involved with railroad supervision
Under new laws, which 1t is understood
are to be enacted, 1t is believed that Its
powers and duties should be So clearly
set firth and be mace so comprehensive
that the defects and deficiencies of the
existing laws governing this commission
VIII be corrected.
Following are noted some OF tho ap-
parent defects and deficiencies which rem
der the existing laws governing this com
mission infirni and faulty, together with
some ions or recommendations
which 1t is thought proper to submit in
view Of the brief experience gained by the
board in dealing with This momentous sub
icct.
"First-While the board Is invested with
the power and duty to make orders con-
cernirg the safety Of trackage in this
State" NJ mention Is made of, and no
direct reference whatever is had, to cross
ings created by the intersection Of pubic
streets and highways at grade by rail-
road tracks. 1t may have been believed
by the trainers of the law that this board
is Invested with sufficient authority under
prior laws TO compel municipalities TO
exercise their inherent powers and re
quire the elimination Of perilous grade-
crossings within their jurisdiction. Thus
far this power has not been exercised by
the officers of any municipality, ana rea-
EArS NAV Ia 1ap fnnfIraI univ Gnnl MA
ceedings are not likely to be promptly
taken even under direct orders from this
board.
THE board may now have power to
make orders which would fix tho condl-
lions under which one railroad may ira
verse the tracks of another under that
clause of the act which permits the COM
mission to make orders respecting safety
of t~rackage.' We think this power, how
ever, should be conferred in explicit terms
and that the act should, in addition, pro-
vide a method for the control and elimi-
nation, If Unnecessary, of all crossings where
railroad tracks traverse streets, highways
ana public places at grade. The act should
also be extended TO cover instances where
the tracks of trolley and railroad COM
panies cross each other.
10 invest the board with direct au-
thor1ty on Its own initiative or to make it
the duty of the board to abolish all cross
lngs where railroad tracks traverse high
ways at grade under conditions which Gre
ate q menace to life or an obstruction to
travel might be of doubtful wisdom. 1t
might be suggested that the power thus
conferred is extraordinary, If not excess
sive; that its unreasonable or arbitrary
exercise might create hardship and per-
ment to the companies affected, and that
Il SAFER md perhaps a more tudicious
method would involve a plan Somewhat
AKIN to that adopted in Massachusetts,
dlQ other States. How tins subject Of
public vital interest has been dealt with
VIII appear from an
oton OF the brief summary of the statutes
OF a number of the States which nave thus
iar leglSlated upon the matter.
Inc commission would suggest the fol-
loving as a method which seems Just and
sure Ihat whenever Il certain number of
citizens number to be fixed bv stafiIfe1
VINO IN fact make use of a particular grade
tossing. or the governing body of any
menace to life or obstruction to nrnlic
travel, they may set forth the facts in n
FORMAL petition addressed to the Chancel-
Ior OF the State. who shall thereupon MAKE
an order directing the commission to in
quire into the allegations set forth in the
Petltion ara report In writing with prompt
ness to the court the result of its inves-
tigation. This method would involve 81 fnll
hearing before the commission. NOT ONLY of
inc petitioners, but of the railroad affected.
course embody its findings of fact and
upon It, after review by the court the
Chancellor will make his order, either Or
deripg the crossing TO be abolished or nor
hitting its maintenance under conditions
shown or such modified conditions as the
COURT may deem proper.
1T will be observed that this plan leaves
generally the Ninltia tive with the COM
munities Immediately affected by the pres
ence of tie crossing: that the finding of
the commission in every Instance, must
pass in review before the Court Of Chan
Gerry, and that thus any unreasonable or
arbitrary exercise of power will be rem
dered impossible, and finally. that the
order disposing of the matter Is made by
n court, which Is able promptly to enforce
its commands by attachment for contempt
or other methods. 1t Is thought by the
commission that the problem Of dealing
with grade crossings can best be met by
this or some kindred method.
Furthermore, 1t would seem that the
law should provide clearly that the cost
of the elimination Of grade CROSSINGS
hculd either be borne wholly by the rail-
roads concerned, or it should ordain a con-
sistent division of the expenditure involved
between the railroads and trolley CONF
panies and the State and the benefited
municipality, as is done in certain other
which Should be proportionate to the popu-
lation OF wealth or both Of the munich
p~a1ities lrl olved.
"Second-The law should, in explicit
terms, confer power upon the board to
regulate lighting, heating. the purity OF
drinking water, and the sanitary condi-
lions Of closets, stations and cars. There
are grieVous conditions of this nature
of public health.
'.Third-Under the existing law this
board has no power to deal with the soft
coal question, which is n very important,
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