New-York tribune., 1908-02-06
CANT GOVERN FARE"
W4GNER BILL REPORTEO
assembly Railroads Committee HITS
Public Serzice Board BLozc.
rRr Telegraph to The Tribune.l

l. Albany Feb BY a vote Of 4 to the AS
sembly Railroads Committee this afternoon heiu
that the Public Service Commission Oh the is'
District had power to regulate uie fa'e VI
fare between Manhattan and Coney lsiaho' anu
decided that the Legislature should TX the raee Ok
fare This sweeping decision was reached a'
hearing on the Wagner bill creating o-ceh'
fare between Manhattan and Coney lsidiiu
After a prolonged legislative session the com
rnittee by the same vote decided to report 'he
bill favorably without amendment tomorrow.
This action by the committee is causing hiu'h
comment here. The question-the power
of a commission appointed by the Legislature 10
fix rates-is now before the Court of Appeals III
the Saratoga gas case. in which decision Is
expected in a few days The lower courts nave
decided unanimously that such commission mas
the power fix rates The general OPINION mere
is that the Railroads Committee, IN TAXING '"e
opposi: attitude. is moved by a desire 10 ac-
uuire favor as the advocate of the o-cent laie
proposition rather than have whatever circuit
there may be go to the Public Service tolhni'-
sion.
REPRESENTATIVES OF the Brooklyn Rapid Transit
Company, the Coney Island & Brooklyn anu tiie
Interborough systems urged the committee to
allow the Public Service Commission to ADJUST
the rate Assemblyman Wainwright read an
other letter from the counsel Of the commission
in which arguments were set forth to show that
the commission had every right to regulate rates
of fare after proper consideration:
The question was raised by AsseInpiyiha'i
Terry from Mike Dady's district, who asked
if the commission was not created to administer
existing laws and not to create new ones IL
struck the committee with such force that an
executive meeting was held Immediately ana
vote was taken whether the matter should be
or
Legislature Assembyman Wainwright cast the
only vote in favor of allowing the commission to
act Those who sustained Assemblyman Terry's
contention were Messrs Yale, of Putnam: Ham
ilton of Chautauqua; Surpless, of Kings; Hubbs.
of Suffolk; Hackett of New York; Terry, of
Kings. and Caughan. OF New York
Arguments to refer the matter to the commits
sion made by Colonel T. s Williams. vice
president of the Brooklyn Rapid Transit: John
J. Kuhn for the Coney Island & Brooklyn. and
George W. Morgan, for the Interborough sys-
TENS.
The action of the committee is remarkable, IN
view Of the stand taken the same PROPOSE
ton by the Legislature last year. By holding
that the commission has no jurisdiction in the
matter the committee has deliberately refused TO
accept excellent opportunity TO sidestep-
Last year opponents of the bill argued that the
regulation of fare should be left to the commits
the commission has authority to act.
Sentiment in relation to the Coney Island bill
has changed wonderfully in the last year Sem
ator McManus. who last year voted against the
measure, is this year the introducer of a 5-cent
fare bill of his Senator Mccall, who like
wise opposed to the 5-cent fare bill last
year, is the introducer of the same
he opposed then.
Chairman Wilcox Of the Public Service Com
mission of the District said last night, hear
ing of the action of the Assembly Railroads Com
mittee:
L don't think the matter needs much comment
Last year they wanted to wait and put IT up to
10 regulate the fare. It's face aboul'
Mr.. Wilcox seemed neither surprised an
noyed at the committees decision that the COM
mission had power TO sav what the fare to
Coney Island should be.
Mr.. WillcoxS attitude in regard the action of
the legislative committee is thai of the other
bers of the commission. After consulting with
counsel, the commission believes It has full power
TO fix the fare at reasonable after full
vestigation. Should complaint in regard to the
matter be brought to the commission, that body
VIII in all probability disregard the opinion of the
legislative committee and proceed adjust the
nfirnl