New-York tribune., 1908-10-03
NET. RECEIVERS MAY
BALK AT TRANSFERS
NO FIVE CENT FARE WITH
THE 59TH STREET LINE.
John @. MHburn Says Passenger
Should Pay Every Time He
Boards a Car.

Though direct declaration was not made that
the receivers of the Metropolitan Street Railway
Company would fight in court an order Of the
Public Service Commission 10 restore transfers
on the 59th street line, the tactics Of the COM
pany's counsel yesterday indicated that they
had that step under consideration, no matter
what proportion of scent fare might be al
lotted to them.
John G. Mlburn. for the receivers. and Henry
Thompson for the Central Park Nortn &
East River Railroad Company. made strenuous
oh. ection to having any evidence tnat had al
ready been taken in previous hearings made
the basis of such an order, and Mr.. Mil
burn made it clear that the receivers would not
welcome a return to the old order of things If
it meant an exchange of transfers with inde-
pendent lines at a scent fare for a through
route.
The commission yesterday waived its ordinary
course of procedure by allowing the receivers
of the Metropolitan and the officials Of the Cen
traI Park road to put in testimony as to why d
through route and joint rate of fare should not
be established by the commission. inasmuch as
the companies concerned had failed to do so on
the commissions order IN its Interpretation OF
the law the commission takes the ground that
the defendants named in complaint are not
entitled to present their case except through
the interroga ton of the commissions counsel
Holm g Milburn counsel for the Metropolitan
receivers. pleaded so earnestly last week for a
chance - be heard that the commission granted
the request.
At the hearing yesterday Mr.. Milburn was
prompt in asking that the proceedings be dis
missed as the commission had no power TO or
der a through route or joint rate Of fare When
this motion was denied by Chairman WILCOX
Mr. MfIburn said that the proceeding was un-
usual and tnequitable. in that it was an entlrely
new nroceeding. and whatever evidence was pre-
sented in the previous hearings on which an or
der might be based would not constitute a
fair record on which the receivers, if they so
wished might ask for a court review In this
request he was Joined by Henry Thompson, Of
counsel for the Central Park, North & East
River Railroad Company. VINO asked that no
evidence except that taken in the new pro-
ceeding be Incorporated in the record that might
accompany a possible order Of the commission
Mr.. Coleman. counsel for the commission. said
he did not think it would be necessary to in
corporate all the evidence that had been taken
in proceedings under previous orders in the mat
ter but inasrnuch as the companies interested
had been present at those hearings and had as
a. whole furnished the evidence. he could not
agree with the objection At any rate. the pres
ent hearing he stated. had been one by grace
of the commission and it was the Oppor-
tunity of the receivers to put in testimony
against the fixing of Joint rate. Chairman
Wilcox then said the commission would take
cognizance of the objection by consulting with
counsel.
In prefaciug the introduction Of testimony as
TO why transfers should not be restored between
the Metropolitan and the 18th street line. in
the zone between 34th and 116th streets, Mr.
MiIburn outlined the position of the receivers
,,-as Eas~7 on The IiUdarI DriuCi-
pie that they must observe the statutory maxi
mum rate of fare cents. Such rate, he
made plain. could not be anything except ruin
Gus were a passenger allowed to get and off
cars and yet continue his journey for one fare
we believe in the principle that every time
passenger gets on car he should pay fare
There is no more justification for permitting
man to get off at 5Sth street and Eighth avenue
and getting on seth street car and then getting
of again and boarding Madison avenue car
all for five cents-than for charging me five
cents if board a car at Wall street get off at
the postof1ce and post letter, and then charge
me another five cents when get on"
No definite declaration was made by Mr.. Mil
burn that the receivers would fight the matter
out in court in case the commission should de
eide to make an order restoring the scent
through rate and transfer exchange system. but
from his remarks 1t is evidently the purpose Of
the receivers to be fully prepared TO fight the
order. Their action may be determined by the
character and terms of the order. which it is
considered certain the commission VIII issue
Should the order for a scent rate be for only
a temporary period or Of an experimental char
acter it is possible the receivers may assent to
accepting il until its effects in practical opera
ton may be determined.