New-York tribune., 1909-06-24
WANTS RIGHTSDEFINED
p. S. c. Sends South Shore Fran
chise Case to appellate Court.

To hasten judicial Interpretation Of its powers
under Section 53 Of the Public Service COMMISSIONS
law the commission yesterday waived the twenty
DAYS allowed by law in which to make return 10
the writ Of certiorari issued TO the South shore
Traction Company calling for review OF lhe
commissions action in disapprovng the trdiichs0
granted by the Board Of Estimate ana Appoiuoi-
rnent ro that company over the Queensooro Brloge
and along certain streets in Queens. This viii per
NIT argument before the Appellate Division to-day
and prohablv will mean decision Of the question
at the June term.
Tho oon,nan,, denies the right of the commission
under this section of the law to disapprove us
franchise The Board Of Estimate and Appor
tionnaent also believed the commission had not the
right 10 disapprove the franchise because OF lts
terms when the proposed surface railroad would
he pvblic convenience The board instructed the
Corporation Counsel to report what steps could oe
taken 10 obtain a determination of the con1nlis-
sions rights under Section 50 of the law
Through Chairman Wilcox the commission yes
terdav sent TO the Board of Estimate and Appor-
tionment letter setting forth its attitude on TINS
opestion After summarizing the provisions OF
Section g. relative to commissions approval OF
franchises. the letter says:
On performing the duty imposed upon the connnlss
afr franchise NJ or in any way perform the function i'm
posed by law upon your board The company must
before il begins construction. receive me PeaiiS -
siCn and approval of the commission, and H. as IN
sion for its approval before exercising it There
company. and its approval or dlsapproEal OF
franchise is in no proper usurpatlon OF the
powers of your board -
We cannot conceive how the commission can pass
1lnon the exercise of q franchise from the point OF
view Of the public service without considering It's
terms and conditions They are essential ana a
railroad might easily be Of advantage TO the com
munity on certain terms and most disadvantaEeous
on other terms. Your criticism seems TO be mat
we should have regard only 10 the present ana
NOT at all the future. whereas many of the pro
visions Of the Public Service commissions law nave
especial regard to the future, and II seems to us
that this is especially true Of Section So
half of the city on May 20 1909. The commission
passed its resolution of disapprova on June 5 1902
having come TO q conclusion with the greatest pos
sible celerity- Il hoped that this diligence on
the part Of the commission would make II possible
for a suitable franchise TO be granted this summer
work Although the greensboro Bridge Is only part
Of this franchise law would not permit the com
mission TO approve Of part II had TO pass on the
whole
In our letters Of April 1e April 28 the last
of which we have Vet received reply, en-
tive committee TO confer with US regarding
changes in franchise forms in order TO recognize the
changes Of state law brought about by the passage
Of the Public Service commissions law We are
most deSirous of bringing about harmonious action
between your board and the commission but TO &C
conplisn this cannot place construction upon
the law under which the commission created
II appears that the Legislature intended the
commission to have the right of approval or dlsap-
proval of certain corporate franchises as an addi
tonal safeguard and for the purpose Of more fully
carrying the policies of the state regarding ade
quate service and reasonable rates