New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-05-12
COMMISSION IS AROUSED
Regards Amendments to Parker
Bill as LoophoIes.
MAY WEAKEN ITS POWERS
Public Service Board to urge
Reconsideration of Changes
Declared Unwise.

A representative OF the Public service
Commission will go to Albany to-day 10 en-
] deavor to secure reconsideration or -FOUR
| amendments introduced in the Senate on
| Tuesday when the Parker bill amending
the powers OF the Public Service commas
/ sion was under consideration in committee
! of the whole. The commission is disposed
to regard these amendments as ioophoies
/ In the structure OF the bill.
! On that occasion Senator J. ". VAN
wright introduced an amendment giving the
commission authority to fix-rstes for com
muta ton and family tickets. This amend
r1ent was adopted, and then Senator George
Davis of Buffalo. chairman of the Juoici-
airy Committee, introduced several changes
which were described as merely some
minor amendments to perfect the bill
one Of these minor amendments* con-
sists of changing the word higher In the
! clauses relating to the rates TO be charged
| on RAILWAYS and gas companies to diff
| ferent." The wording of the bill originally
was:
ITO determine the Just and reasons bic
rates fares and charges to be thereafter
observed and In force as the maximum to
he charged for the service to be performed
notwithstanding that a higher rate, fare
or charge has been heretofore authorized
by statute" etc.
The change of the word higher to diff
ferent." would in the opinion of the COM
mission make possible the invalidatton OF
the s0-cent gas rate law and the scent
streetcar fare law, While the Parker bill
originally sought to give the commission
authority TO fix q rate lower than that now
or dered by statute, the amendment gives
the commission authority to change the
rate to a higher figure. While it is not re-
ssrded as likely that the commission would
! order such change, il would be possible
for a company seeking to charge higher
rate to go before court and by present
Ing evidence that it does not receive suf-
dcientlv remuneratfve return on its capital
ization to secure writ of certiorar fore
ing the commission to order higher
charge
another apparently inoffensive amend
ment is that to strike out the words land
extensions in the gas and electric sections.
The effect 1t is explained, would be TO take
from the commission the power to order
a gas or electric company to lay 8 gas or
electric main in a street within the terri
tory which i. is supposed by its franchise
j., to serve
The real force of the amendment strik-
ing out from clause the words mot ex-
ceeding that fixed by law" it is contended
by the commission. would be to preclude
the possibility of the commissions ever
ordering the price of gas reduced below
the present statutory rate.
! Another amendment reads after ever
insert except to the extent to which 1t mas
heretofore been legally capitalized This
change IS made in the clause concerning
mergers of gas and electric companies, ana
provides that the franchise shall not De
capitalized. AS such franchises have here
tofore been ca pitalized on q large scale, the
amendment would defeat the object of the
clause the commission says.
The Parker bill has been advanced to a
third reading, but it has to go back to the
Assembly for concurrence. The bill con-
tafrs provisions that the commission re-
CARDS as important In determining It's
powers to order transfers and Simplifying
hearings on gas and electric companies by
removing the restriction necessitating the
obtaining of q hundred signatures Of con-
surners before hearing be secured.
A determined effort will, therefore, be
made to have the amendments of the
Judiciary Committee killed before the bill
is sent to the Governor for his signature
When seen at his home, No. 35f W est
s7th street last night, relative to certain
amendments made in the Public Service
commissions law, Charles T. Mathewson
said last night:
In the first place the statement is wholly
in error as to the Consolidated Gas Conn
pany of New York having been interested
in any way in the amendments or proposed
amendments TO the Public Service COM
missions law. None of the amendments
was suggested or advocated by the Con-
sodated Gas Company, and, as a matter
of fact / know that that company took no
action at all in connection with these
amendments of the Public Service law,
but that the amendments were suggested
and advocated by representatives of
smaller companies scattered throughout