The sun., 1908-06-11
NO TRANSFERS TO ELEVATED {?
FEDERAL COURT ASSENTS TO TER
NTNATION OF THE PRACTICE.
n the Public Service Commission Objects
tits for the state Courts 20 Say whether
It Has Power to Enforce the Objection
Bronx Especially Interested In It.


n Has Power to Enforce the Objection
Bronx Especially Interested In It.
4 decision by Judge Laoombe in the
l~ied States Circuit Court yesterday car
r,cs the movement for the abolition OF
transfers into The Bronx. In accordance
with it all transfers or communication be-
tween the Manhattan Elevated Railroad
an the one hand and the Third Avenue,
Forty second Street, Mnnhattanville and st.
Nicholas Avenue, Dry Dock, East Broad
wav and Battery and Union Railway COM
ranies may be terminated on ten days
notice unless the Public Service Commission
intervenes.
An agreement between these surface
roads and the elevated for the transfer
of passengers on the payment of three cents
in addition to the regular five cent fare
expired in 1904, but has since been continued
IN force without formal contract. Receiver
Whitridge Of the surface lines complained
that in February and March the result OF
he commutation showed a net balance OF
sl76 against these lines. The Manhattan
consented to discontinuanoe Of the traps
fers, and Judge Lacombe holds that it may
he done as far as the Federal Court is con-
ccrned. He raises the interesting point,
however, that the Federal Court and its
receiver are merely custodians OF the prop
erty, and says
Il has been suggested that the Public
Service Commission under section 40 Of the
act which created it might require the roads
TO continue TO sell and honor these transfers.
Whether that section or any other one gives
the Public Service Commission power to
compel two indie pendent roads to exchange
transfers is q question of State law, the con-
struction Of a State statute which may more
appropriately be left to the State courts.
ln the event Of the receiver being called upon
BY the commission to take and give such
transfers he will furnish all the information
which he, as operator Of the road. may be
able to procure and he will notify the owners
and security holders Of the several roads now
in his hands and will see that they are given
the opportunity to present whatever argu-
ments they may wish to make in opposition.
In the ultimate analysis 1t is the owners OF
and lienors on the property whose interests
would really be affected by such construction
Of the statute. The court and its receiver
are custodians merely and are not concerned
with its future.
tric Railway and the Union Railway are
also affected by the decision The former
COMPANY uses the latter's tracks south OF
Fifteenth street, Williamsbridge. and the
latter the formers tracks north OF that
point. BY the transfer act as joint carriers
on the same tracks they are obliged to give
transfers. but Receiver Whittridge proposed
70 discontinue this use Of each other tracks
and thus establish legal ground for the
abolition OF transfers. Judge Lacombe
admits the legality Of such action, but be-
ieves il advisable to follow the suggestion
Of counsel for the village of Pelham and
arrange a compromise whereby. though
passengers are not carried from Mount
Vernon to Pelham. twelve miles, for five
cents, but one fare might be charged from
distance Of four mil. He instructs the
receiver to attempt a compromise before
abolishing the transfers altogether.
In connection with the -Weetcheeter
case there aroee the interesting point that
on the grant Of the Westchester company g
property owners to carry passengers from
Pelham and points On route to Third avenue.
Manhattan, for q Ave cent fare. At that
time the entire capital stools ef Sthe West
in both companies were held by the same
persons. But the Union company did not
guarantee to carry passengers from the
Westchester lines for one fare and the
Court holds 1t is not bound to do So,
The situation IN regard Glga 70 me mess- ets-
provides that the franchise be forfeited to
the city Of Mount Vernon in case 1t does
not carry passengers for a single fsre to
Manhattan. All the stock is now under a
mortgage made by the Third Avenue
which seems entirely willing that the fran.
chise be forfeited to the city OF Mount
Vernon and that the municipality run the
road
at is suggestive says Judge Lacombe
shat when II is proposed to take action
which may result In the forfeiture Of g
franchise no one who has invested in such
franchise as owner or MORTGAGE raises any
protest
Judge Laoombe finds a similar situation
N the relations between the Yonkers Rail.
way and the Union. Each uses the others
tracks and the Yonkers franchise may
fers The Court instructs the receiver to
attempt compromise With the receiver Of
the Yonkers road and the local authorities
before abolishing the transfer arrange
ments