New-York tribune., 1909-04-15
ROADS AGAINST BILL
MR. CHO4TE At HEARING.
With Others, Opposes amendments
to p. S. Commissions Lac.
rBy Telegraph to The Tribune

in their endeavors to carry out the spirit Of the
law.
Without attacking these amendments on their
merits representatives of the Railway Business
Association, a newly formed organization ernbrac-
ing practically all industries allied 10 or anecteu
by railroadng, set up the cry Let us alone! HlVe
the country a chance TO do business
AT the timeeJoseph II. Choate, appearing
as counsel for the receivers of the surface railroad
system in New York City, argue so diligently
against details of the legislation under considera
ton that at the end of his speech Chairman DAVIS
inquired:
We'll, Mr.. Choate you see any good IN TINS
measured"
To which Mr. Choate replied frankly: NO
haven't looked for 1T
A manifestation of the general sentiment
was given by an enterprise which the Erie Railroad
conducted for a few days, and then abandoned suH-
denly for unexplained reason. A special
train high officials aboard. was sent out over
the Erie lines few days ago Those ofhclals de-
voted much time at various stations along the line
getting signatures to petitions TO legislators and
the LEGISLATURE urging a speedy adjournment, so
that the great business interests Of the country
could be from disastrous agitation. At Roches-
ter the expedition struck a snag and was aban-
doued.
At the very beginning of the hearing Senator
Davis told Mr.. Choate that he perfectly safe
in assuming that the Senate committee would ac-
cept the amendments to the bill made by the AS
semby Railroads Committee. Those amendments
adYOCa OF this legislation say, have namStrui'S
any endeavor by the commissions to strengthen
some of the very weak provisions in the bill, affect
ing gas and electric light companies and some
other provisions.
MR. CHOATE FOR STREET RAILWAYS.
Mr.. Choate announced that he represented the
receivers for the Third Avenue. the Metropolitan
and the New York City Railway systems. He said
he found the ground which he had opposed the
original Public Service Commission legislation two
years ago somewhat strengthened by the expert
ence OF the commissions. He gave the commission
credit for the intelligence. integrity and
industry and referring the presence of Com
missioners Bassett and Eustis Of the 1st District
commission. and representatives OF the upstate
commission, said he Judged they were taking their
first dav of since appointment.
A sideght his remark furnished at
continuation Of the hearing this evening, when A
A Gardner. counsel for the marlborough.
marked sneeringly that, as the commission was not
its job the railroads IN New York City prob
ably were able TO
We'll since all the railroad lawyers are up here
the operating probably having fair
chance to the railroads." retorted Commits
sioner Eusts.
Mr.. Choate argued that the powers granted to
the commission under the proposed amendments
to the original law entirely great.
1t is not for the benefit Of the public any
body else that the commissions should take over
the entire management OF the roads, said he
"Supervison regulation is all right. but the
commissions don't need any powers at present
Every road Is bound hand and foot and the propo-
slfon now IS advanced 10 put halter around their
necks and swing them on. These amendments
would take railroad management entirely out Of
the hands OF the stockholders and bondholders
their real owners. It's true The roads l represent
are In the receivers hands but these receiverships
Will not last long. and II this legislation we're
adopted the receivers would be permanent and no
new capital would think Of establishing enter
prises"
Mr.. Choate objected in great detail TO sections
Of the hil! regarding joint and through
routes and the hlirg OF schedules OF rates. These
sections. designed 10 make certain the powers Of
the lst District Commission over the transfer situa-
tion in New York City Mr.. Choate held to be ex-
tremcly dangerous. He termed cents "a killing
rate under which system could live and said
he was unaiterably opposed TO any legislation
which would make the roads carry people for less
than scent fare. He sa1d he would present
amendments to those sections.
SUGGESTION FROM MCARREN
That can be accomplished by striking out the
enacting clause" suggested Senator McCarren
Would that the committee could persuade them
selves Of that I'm not quite bold eLough,' re-
piled Mr. Choate
I'm bold enough" said McCarreu.
Some criticism OF the commission and its inqulsi-
toral activities was made by MI Choate. who
declared that they wanted TO appoint themselves a
smelling committee judge. jury, AMI executioner,
too He opposed amendment seeking repeal
a provision OF the railroad law. specifying that
fares of any railroad might be not reduced below a
rate which would permit the company 10 make 10
per cent profit all outstanding capital
otis II. Cutler, president OF the American Brake
Shoe and Foundry Company and chairman Of the
special committee Of the Railway Business Associa-
ton embracing practically all the large dealers in
railway supplies. the next speaker. He told OF
the vast extent OF the railroad industry its recent
narrowing experiences and the universal desire for
a period OF peace and quiet
The Public Service commissions doing excel
lent work in promoting the interests Of the people
this state he said. and it is our belief that II
they can for a time continue their study and exer-
else Of present powers without undertaking any
new burdens affecting railroads their work will
tend to give confidence to the financial and indus
trial Interests which will almost certainly be further
disturbed and frightened II and untried forms
OF regulation shall this time be interposed be
tween railroads and a reasonably rapid return to
their normal scale OF operations
George A. Post. president of the Railway Bust
ness Association declared frankly that there was
pretence of disinterestedness in that organtza-
TONS attitude. We the friends OF the rail-
roads" he declared, but not here to op-
nose adequate and proper regulation Of the rail
roads We recognize its necessity and approve it
Mr. Post said that nearly ninety thousand men
In the railroad industry were idle now. making
loss at the very least of $4,000 day TO the
chants of the country. He said that he and his
associates believed the agitation and the deluge
of ant-railroad legislation were partly responsible
for this We think a cessation of further legs-
lation for period would serve the public interest
best" said he
swarm of railroad traction and lighting company
lawyers attacked provisions OF the bill Charles A.
Collin spoke for the Brooklyn Rapid Transit.
Toward midnight Commissioner Maltbie began TO
explain the commissions side. subjected to hard
crossire of questions from various legislators. An
other hearing probably will be given the bill