New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-01-13
RECEIVERS REPLY
TOP. s. G.. REBUKE
REfDT TO FIGHT Ill
".4RBITRlRY' ORDERS.
Didn't 1ttend Hearings on -idJIce
of Court, They Sag-E.rPIaiH Rent
inc of Cars to CrOsstOJcR Line.

receivers of the Metropolitan Street Railway
Company. countered on the Public Service Com
mission yesterday in reply to the commissions
recent letter Of rebuke, in which it told the fed
eraI receivers to obey the laws Of the state OF
New York or throw up their jobs
The reply of the receivers took the form Il
two letters. One was addressed to the Public
Service Commission and was in the nature OF 4
general denial Of the criticisms made by tha
commission. You have wholly failed to meet
any material assertions or suggestions made ny
in our letter 70 you say the receivers. "aEd
therefore justified in assuming that YOU
unable TO answer them"
The second letter TO the Central Park.
North & East River Railroad Company, the Bet
Line which operates the J9th street Crosstown
cars calling attention to the fact that the forty
cars rented TO the Belt Line by the receivers
might be recalled at any moment The COM
mission in its latest letter to the receivers calel
attention to the fact that the receivers said they
did not have sufficient cars to increase the SER
vice on the Sth street crOsstOwn line. but never
theless were able to rent cars to other COM
Danies.
In the letter to the commission the receivers
say that fortunately. there are tribunals which
consider evidence. have regard for existing facts
and guided by the settled rules Of law II
you undertake to destroy the volue of the prop
erty in our charge we Will of course. resist YOU
B
gard to nOn-appearance at hearings. the re-
ceivers say that they were directed by the court
not TO appear
RECEIVERS LETTER To P :. g
The letter TO the Public Service Commission
follows.
The letter Of your chairman. written your
behalf, dated on the 9th inst. and received by
the 11th. seems TO require but brief
I reply.
! So far as We know no one has disputed the
proposition stated by YOU to the effect that.
while We are receivers acting under the direc-
tions Of a tudg, Of the United States Circuit
Court the statutes Of the state Of New York
are binding upon us and must be obeyed II YOU
will refer our letter you of August "a 1908,
; YOU will see that then told you plainly that
suggestions TO the effect that because We we're
appointed by federal court considered our
selves not amenabe 10 state control were wholly
unwarranted-
/ You seem to overlook the fact. however. that
the receivers have no personal or individual in
tereSt in the properties under their charge. out
I that they only trustees for the owners en-
deavOring to perform their duties eHnciently and
conscientiously and t. the best of their ability
under the directions Of the Circuit Court Of tire
/ United States.
we have either violated the law IN the past or
! intend to do so in the future are utterly with
/ out foundation. We are rendering the best ser
/ vice in our power. and neither the orders OF
/ your commission the statutes Of the state
/ of New York can require us 10 do anything more.
; Your suggestion that when company cannot
obey law. il should withdraw surrender its
franchise allow others @ manage its affairs.
is singuIarIy futile The law does not confer
upon your commission upon any one else the
power 70 deprive the creditors of this company
of their security or to compel them TO sacrifice
their investments because of some arbitrary
/ views YOUR part with respect 10 what con-
stitutes adequate service Fortunately. there are
tribunals which consider evidence, have regard
for existing facts and guided by the settled
rules of law. If you undertake to destroy the
/ value of the property in our charge. We will OF
/ course. resist you by every lawful means IN our
power.
NON-APPEARANCE AT HEARINGS
As to the matter Of non appearance before
your commission upon the hearings. you may
possibly remember that at an early stage Of the
/ case were directed by the court not to sp-
pear. but TO furnish you with any and all in
I formation which you might require. This
have done to the fullest extent.
With regard to your criticism. respecting the
leasing by To the Belt road of few ears.
/ beg say that our sole object in letting them
have these cars was to Obviate any inConveni-
/ ence the public which might arise from even
a temporary cessation Of the operation Of the
Belt line II Of no advantage to US 70 rent
| these cars. and actuated entirely by n
| regard for the public IL seems u that
action in this respect should receive your COM
mendatiOn in view of your expressed concern
/ in regard TO the public welfare
Your reference 70 threats" is without justf-
| fcation. We make threats" but simply
| tell you what is certain 10 come TO pass IL you
persist in the policy which YOU have adopted
You have wholly failed TO meet any material
| assertions suggestions made by us in our
/ letter you and are therefore justified in
assuming that you are unable TO answer them
We shall continue To do the best we can In
| spite of the difficulties which you insist upon
interpOsing.
The letter Of the receivers TO the Central Park
North East River Railroad Company is a.
| follows;
In the agreement OF August $. 1905, providing
for the renting to you by US OF not to exceed
forty (4O) electric passenger cars and also an
electric snow sweeper and an electric sand car.
I ed Arrangement
terminated upon two weeks notice by either
party
the Public Service Commission call for an tn
crease of service this winter which may require
MS to ask for the return OF the cars which We
are now renting 10 YOU. The commission In
Inmates that We should use these cars on our
own lines instead OF leasing them TO an inde-
pendent road
AS You know. our only object in permitting
you to have these cars was TO obviate the m
convenience which would have been occasiOned
10 the public by even temporary cessation OF
the operation of electric cars on your 59th street
line The Public Service Commission does not
Sem to appreciate this and while their implied
criticism is wholly without merit the fact re-
mains that condition Of affairs may arise when
we shall need these for own service, and
We desire to give you this notice OF the posi-
bility that We may have to avail ourselves Of
the cancellation clause of the contract, so that
you may be governed accordingly.
NEW ORDER ADOPTED BY P s Z
| The Public Service Commission Yesterday
| adopted order for hearings. to begin on jan
uary IS. into the adequacy or inadequacy OF the
service provided by the Metropolitan Street
Railway Company on the Fourteenth Street s
| Williamsburg Bridge line. Commissioners Malt
| bic was designated 10. conduct the hearings.
The order states that the object OF the hear
/ ings is TO inquire whether the Metropolitan
/ Street Railway Company or It's receivers oper-
| ate cars enough this line TO accommodate the
/ passenger traffic offered and TO determine