New-York tribune., 1909-03-09
TO ST1FFEN UP P.S. LAW
R4ILW4YS NAY FIGHT
PROPOSED CHANGE.
-Ohscurity in Regard to POTcer to
Establish Rates and Routes Likely
To Be Cleared Up.
rRr rsIer-ars 90 The rrthun.- ]

sIbanz- March S-Amendments to the Public
es-1,ce commissions Law. putting telephone and
..,orrs7h companies under the control Of the
o--oissions and generally stiffening up that act,
III Re introduced tomorrow. Finishing touches
- mt on the measure to-day at conferences
r. the counsel and members OF the two COM
.,,sziors. IN all save one or two respects the
- bfIl Is similar 10 the measure which was
i,i,le5 last year in the Assembly Rules Commit
zee after passage by the Senate.
According 10 reports which are ahoat here
.o-night- there will be one important change
,rttcb p-ohablv will awaken considerable oppo-
.4.ion on the part Of the street railways in New
vo-tr CITY. That is a change in the phraseology
= .,e bill relating TO Joint rates which would
forever remove any doubt about the authority
% the commissions to establish Joint rates or
,h,ough routes for street railways, an authority
-hich IS questioned by some lawyers for the
+-anxIr lines Just now. II is known that the
commission for the first district has moved with
r-.st caution IN the recent transfer cases in
Sew York city because Of the doubt cast on its
,cvrer 10 establish joint rates. Senator Wagner
tonight criticised the commission sharply FOR
MT having restored transfers. in ignorance Of
,hfs question regarding its authority.
when the lav was drafted the men az work
-, - were careful in tha various provisions 10
sneak of railroads. street railways and common
carriers, and to give authority in each case over
.ha properly designated object Yet by some
oversight in the section of the law giving 10 the
commissions power 10 establish through routes
snd Joint rates. only railroads and common car
r5.-s were mentioned. and the street railways
now declare that they would not be subject TO
the commissions Jurisdiction in such actions
The inportancs Of clearing UP this obscurity
IN the law can be realized when the transfer
situation in New York City is recalled Re
cefverships for the Metropolitan system. the
Third avenue and the Second avenue systems
resulted IN the discontinuance Of dozens Of
transfer points and hardships for practically all
the passengers on the surface lines in New York
City. Anything like final action the part OF
the commission for the 1st District has been
impossible when knowledge Of this obscurity in
she law entered into consideration, for while no
doubt existed in the minds Of the commission
ers as 10 the intent Of the law. considerable
doubt vas there as TO whether their construc-
ton of the Law would be upheld by the courts
when embodied into z final order and subse-
ouent legal actions TO collect penalties for non
obedience
In response IL a resolution of the Senate ask
inE for information as 10 when il expected 70
render q decision in the matter OF a 5-cent fare
from New York City to Coney Island, the Pub
lie Service Commission. 1st District, reported
tonight that il was unable TO determine the
exact date. but that the matter would be eX-
pedited as much as possible similar report
was transmitted - the Assembly on Friday
last. The report vas referred to the Committee
on Railroads.
The Public Service Commission. 1st District,
transmitted 90 the Assembly tonight a report
giving information as to the franchise rights
Of the New York Central Railroad in Eleventh
avenue. II New York City, in response 10 a reso-
luton requesting information on the subject.