The sun., 1910-01-13
P.S. BOARD ASKS MOREPOWER
SAYS STATE COURT RULINGS
HAVE CLIPPED 1T.
would Amend Act to Achieve Authority
which IL Thinks was Originally In
tended-Wants Right to Abolish
Grade CrOssInES-As to Transfers.


Grade CrOssInEs-AS to Transfers.
ALBANY, Jan. 12.-The Public Service
Commission for the First District sub
mitted to the Legislature its annu al
report tonight. Several suggestions
are made for further legislation increasing
the powers Of the commission over the
public service companies.
The commission hes found shortcom-
ings in the act under which IL was created.
Because OF Interpretations placed upon
the law by the State courts" the report
sGvs, the phraseology Of the act fails to
cary out in some of the most important
features the general purposes Of the law.
The law intended. the Commissioners
hold. that the commission should be an
administrative body with powers to
prescribe rates and facilities in accord
ance with general rule laid down for
guidance in each case. - The State
courts have declared. however, contrary
to the holdings Of the United States Su-
preme Court. that the words employed in
the act made the commission a judicial
or quasi judicial body in respect to the
rates. and it would seem to follow in
respect to service and facilities"
Attention is called to the need of giving
the board more jurisdiction in dealing
with the difficulty of eliminating grade
crossings on the tracks Of the steam rail-
roads operating within the city limits.
The report says that the proper develop
ment Of the city is retarded because of
the difficulty.
-In the Borough Of Queens" il is pointed
out in the report. there are to-day more
than 800 grade crossings of the Long
Island Railroad. and in the Borough OF
Richmond there are about 100 crossings
Of the two steam railroad lines that cover
that locality. In the Borough of Queens
there wen 9 20 deaths in 1908 at these grade
crossings. As the population increases
the menance to life and property becomes
greater. The existing law provides a
method OF altering single grade crossings
only, whereas track elevation or depfes-
sion for considerable distances is the
remedy that should be applied.
The commission is given no power to
compel the alteration Of the grade Of a
railroad. but must as specific cases occur
ordsr the street to go above or below the
railroad, usually at difficult grade.
The law provides that the State shall
pay one-quarter Of the expense, whereas
for years no appropriation has been
available and the city cannot pay the
States quarter without special legisla-
ton. The result is that grade crossing
elimination is practically at a standstill
in this city. excepting where IL is done
under a special grade crossing enactment
or voluntarily by the railroad at its own
expense
The report asks for legislation giving
the commission more power over the ex-
press companies.
As to street railway transfers it says:
The ability Of the commission to pre-
scribe reasonable Joint rates should be
made clear and effective. especially since
transfers have been so largely abolished
by the various operating companies in
Manhattan"
The following table shows the extent
OF the transportation problem in this city: