New-York tribune., 1908-08-14
LINES MAY AGREE YET
WON'T FLOUT p. s.. BOARD.
Transfer Conference To Be Held
WetMn Time Limit.

The receivers of the Metropolitan Street Rail-
way Company and the officials of the Central
Park North & East River Railroad Company did
not get together yesterday to make joint fare but
they will before August "a the limit given them
by the Public Service Commission last Tuesday
This was announced by Arthur H Masten after a
conference with Douglas Robinson. one of the re-
ceivers, yesterday morning
The changed attitude of the receivers. it would
appear is due more careful reading of the
order of the commission from which they dis
covered that that body does not wish TO force
wholesale transferring upon the metropolitan,
but wants to transfers restored in seth street
so that persons living between 54th street and
11sth street won't have TO pay Is cents for a ride
much shorter than that had for only five cents
by a person boarding Metropolitan car below
34th street or above 10th street.
Mr.. Masten. who is counsel for the receivers,
declared that they had intention of houting
the commissions order by applying to Judge
Laconbe for instructions as to what course they
should pursue. He said the receivers had oheyed
every order issued by the commission and would
do so in this It their intention to do
what they could with Central Park roads
officials in coming arrangement such as
outlined in the commissions order He thought
however. that agreement could be arrived at
# the officials of the Central Park, North & East
River Railroad Company should insist getting
half of every fare collected from users of the
two systems. The records of passengers carried
showed. he said. that out of twenty million pas
sengers transferring from one system to another
the fares of only seven million came from pas
sengers boarding the Central Park Company s
lines
If the companies do do so by August "a the
commission will make its debut at ratemaking
between two distinct common carriers The rate
will depend what the commission thinks the
companies handle the traffic with reason
able profit
In connection with Judge Lacombe's doubts as to
the constitutionality Of the law giving the commits
sion this power, Secretary Travis H. Whitney,
speaking for the commission. said Yesterday: The
power of the commission to fix such routes and
rates is not urtrted. This same power has been
held by the Interstate Commerce Commission for
two three years now, and that commission has
already in dozens of cases required companies to
establish through routes and Joint rates. and in
quite number of cases has reduced through rates
on the ground that they not just and
able. Had there been any doubt TO the con-
stitutionality of such a grant of power to a com
mission, Of these would have been
taken into the courts it is significant that such
decisions by the Interstate Commerce Commission
have not been questioned
1.-The doctrine seems to be held, however, by
those high in authority in the control of the Metro
politan Street Railway that the provisions of the
statute. however clear the language may be- are
without meaning or effect until court has inter
preted them. This is somewhat of a new legal
doctrine