New-York tribune., 1908-02-22
MOVE FOR NICKEL FARE
ORDER FROM p. s. BOARD.
COneu Island Lines Must Shoe Need
of Ten Cent Charge.

The Public Service Commission. Immediately
on receipt of the necessary complaint, adopted
yesterday an order which will result in the re-
duction of the fare TO Coney Island unless the
transit companies involved can snow in an in
vestigation by the commission that cheaper
rate than the 1O-cent fare now charged would
be unreasonable.
The first case in which the Public Services
Commission of the 1st District has been called
upon to use it's powers under the act 20 tx
rates was made public yesterday when hear
ing was ordered for March . on complaints
questioning the right Of the Brooklyn Rapid
Transit Company to exact double fare from
the Brooklyn Bridge to Flushing and North
Beach.
The Coney Island viii attract more at
tention because of the interest the citizens
have in the cost of transportation to the seaside
resorts.
On complaint Of Scott MacRsynoGs azain-t
the 1O-cent fare the commission issued an
order requiring various constituent companies
of the Brooklyn Rapid Transit Company and ths
COney Island & Brooklyn Railroad 70 satisfy
or answer the complaint within ten days
This time may and probably will be extended
by request. but it is practically certain that
the companies will answer that it is impossible
for them to give a 5-oent fare Then the
commission will start an exhaustive investfga-
ton into the financial condition or the COM
panies and the value Of the service given. by
which it will be able To determine the f1st
and reasonable rate which If not cents
may be anything between that and 10 cents.
In determining a rate the commission viii
not be hampered by the old railroad law
that has blocked previous attempts to get a
through ride for > cents which attempts have
twice been followed by riots at the second fare
collection points Following an opinion given
by Justice Gaynor. Of the Brooklyn Supreme
Court. in August, 1906. in deciding a habeas
corpus case. that the law compelled street
railroad company in the city to give a con-
tinuous ride it's lines leased lines fo-
> cents and citizen justified in refusing
to pay a second fare. thousands OF persons were
put off the cars. The riotOus Scenes lasted for
three or four days.
The Court OF Appeals finally decided that "a
the Conay Island ends of the lines were operated
under steam railroad franchises they were ex-
empt from the operation Of the continuous ride
for , cents law.
Some time ago. when the courts decided that
transfers must be given between the lines -
the Nassau and other Brooklyn Rapid Transit
lines the lease of the Nassau was abrogated.
Such an evasion will be of nO avail in the pres
ent fight for scent fare. for the commission
act under the provision OF the law which
gives it "the power by order TO require any Two
more railroad corporations whose lines form
continuous line of transportation or cozIld be
made to do so by the construction Of switch
connections 20 establish through routes ard
joint fares" In case the order IS not complied
with the commission shall establish Just and
reasonable fares and declare the portion thereof
TO which each common carrier shall be
titled"
In defending it's right TO charge a t0-cert
fare to Flushing and North Beach. the Brooklyn
Heights Railroad Company, constituent Of the
Brooklyn Rapid Transit Company operating
those lines contends that the ride to North
Beach is eleven miles and 10 Flushing twelve
miles and that the lines earn scarcely
enough to pay operating expenses, rentals and
interest the investment, and that scent
fare would be cOnFsCatOry.