New-York tribune., 1908-11-13
10 FIGHT COURT DELAY
p. S. BO4RD STANDS FIRM.
Does Not Reiieue Writs of Certiordr1
Hold in Transfer Case.

The Public Service Commission served notice yes
fersay en the MetTopolitan Street Railway Com
renv and the Central Park. North East River
Railroad Company that there would be no court
delay over the transfer situation if it could pre-
vent il. In answer two writs of certorar serEeu
s,f officers of the commission. calling Tor re'fe"
Of the commissions transfer order. lawyers ior
,be co.,urisS;on informed the railroad comPanys
saxyers that week from to-day motion would
De made in the Appellate Division 10 quash lhe
writs.
As the commissions counsel figure out the case
the cer1iorsri is the proper legal remedy Tor
,be comma nfes in this situation They believe II
Viii not lie against the commission Meantime
these vrits Of certiorari granted by Justce IruAA
while the lawyers who obtained them aliege 'ha'
she commission is not empowered 10 issue the
transfer order do not act as a stay of that order
Under :he terms the order. the Metropolitan iHeS
and the seth street crosstown lire must inter
change transfers November y Ihe coiillIlIs
sion-s motion 10 quash the writs viii come up on
November 20
II Il should prevail the time before the order
must 40 into effect is short that some members
OF tf,e commission rather expect the railroad cohl
1nies 10 resort the injunction or some summary
,,rooedure to s1ave of little longer the necessity
Tor giving transfers.
The Nassau Electric Railroad Company, SUD
sidary of the Brooklyn Rapid Transit Company
se-,e5 Yesterday n tie commission order, re-
1urrable before Justice Thomas in Brooklyn on
rlcyeTnter Is 10 show why that body should not De
enjoined from granting 10 the Long Island Ran
road Company franchise for surface lhe
through Atlantic avenue. in Brooklyn This Is. a
renewal Of the Brooklyn Rapid Transit-Long Isl
and Railroad over that thoroughfare
With Frederick ". Whitridse. receiver, on the
stand the commission yesterday held a nearing
81 its proposed order the Third avenue sys-
TEN 10 exchange transfers with the 'sth suesI
crosstoNn lines Mr. Whitridge admitted freely
3har the transfer. properly used. a necessity
and contributing factor toward the prosperity o.
= stree; railroad system. He said also mat ne
had not decided just where was the proper Polh'
~ give transfers AID where shut of their privl-
lese
Before Mr whitridge took the stand William H
ainer- Who the confidential clerk Of Superln-
tendegt Robertson % the Third Avenue hne, tesu-
eed that IN 1893 motive power OF that line was
hanged from cable 90 electricity. and il prac-
sieaIlv new road. with rolling stock in perfect
erder when II was turned over to the Metropolitan
How did You find the road?" asked John NJ
Bowers counsel for the Central Trust Company.
trustee OF tie $37,3s1,eoo mortgage bonds OF the
Third Avenue line. = AIr- Whitridse-
i expected 10 find going road, and found one
shout gone replied the receiver He SAID mat
chen he took charge lie found 554 cars. 'r2osty
de7elict'' while N the office were no tables or
ca.airs. He found also some fifty open cars
They had their birth I take It, in the Dark
Ages" he commented. 4 have sold all can but
there are some which nobody viii have at any
Price OF tie regular ears, he said they were
dirty broken and dilapidateri-
--Evher, your commission first began TO shower
down orders on me" he said. I told it how obvi-
,slv bad conditions were. and that trying 10
build up a road
Similar conditions prevailed. ne said, on the
r-orty-sccond Street MantattanEile and ST Nicho-
las 4 venue Railroad. controlled by the Third Ave
rue The short lire from Amsterdam avenue to
Riverside Drive had lone two horses. one
driver ono conductor and two regular passengers
Nlr Whitridge said he took hold OF the Third
Avenue system with view To making genuine
e,lrface railroad Of it, which would be competitor
of the Metropolitan. and, 10y giving better service in
rar-er cars with more efficient and courteous en-
racves would induce people to give their nick
eIs instead of 70 The Metropolitan" The transfer
situstion IS il existed that time he called ridic-
llous and Improbable.
M- Bowers read report by or Mr. Whit
ridges assistants. who said he went out in the
morning and for 10 cents rode around all day
with intervals for meals and other fnterludes,
fsiuiuE st night ? uorth-oound and south-Bouud
rrs7sfer Chairman Wilcox asked II condition
might not be cue careessEess Of the conduc
tors NJ. Whitridse thought il might, partly
Prom april H. when he took hold OF the road TO
October 70 of this year the carried he said.
57o4 passengers Of whom Sol. .5s4 rode trans
fere making the average fare Al cents a passen-
ger an increase over the year previous, when it
vaS - cents a passenger The receiver said he
mad been cleaning up mess''-and hadn't devoted
himself 10 running q bureau Of statistics. he
didn't know what IL cost carry passenger The
LAWYERS for the Metropolitan and the 59th street
fsue Had presented elaborate schedules on that
proposition = the commission
--Faruirss that ale nor the hank don't figure, -