New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-05-27
Hiuher Rates on New Haven viii
Not Go Into Immediate Effect.
APPEAL TO P. S. COMMISSION
Counsel for Westchester Passen-
gers Say Advance Will Cost
Them $4,000 Year.
rRv Telegram to The Tribune. ]

FBy Telegraph 70 The Tribune.
Albany. MAY 26.-Westchester County
commuters appeared before the Public Ser
vice Commission to-day and protested
against the proposed increase OF commute
ton rates by the New York, New Haven ss
Hartford Railroad Company On June l. The
main question discussed related almost en-
tirely to the proper publication and posting
of the rates at the nine stations of the
company in this state. The commission
was asked to institute an action in the
Supreme Court restraining the company
from putting the proposed rates In effect
Following the hearing, the company
through Benjamin Campbell. its vice-prest-
dent. applied to the commission for per1nls-
sion to cancel the new tariffs which pro-
ytded for the raising of Communication tick
cts. fifty trip family tickets and school COM
mutation tickets. and to continue the rates
The effect OF this viii be that the present
rates will continue until July 1 at least
Edward D. Robbins, general counsel Of
the company, argued that the failure TO post
tariffs at the stations did not invalidate the
putting In effect of the rates on June /.
On the question of communication rates he
held that there was no provision Of law re-
curing the posting at stations of these
generally was concerned, Mr.. Robbins ar
gued that It was & physical iulpossibility
to comply with this requirement Of the
statute, that at stations there would be a
pile from five to six feet high; If that were
insisted upon there would not be one valid
rate in effect on any railroad in the state.
Mr.. Robbins stated he had advised his
company that the rates could legally go in
effect on June 1, and that failure to put
them In effect would make its employees
liable TO nisdemeanor.
He also argued that the commission
could not with any consistency bring an &C
ton against the company on account or
failure to post tariffs; If it did 1t would be
compelled to do so against every railroad
operating In the State of New York, and the
distinction could not be made against the
New York, New Haven & Hartford Rail-
road Company in this particular case.
William L Ransom and Hugh NJ Hew-
son, who appeared for the commuters,
stated that the advance in rates ranged
from 80 to 80 per cent, which will mean
an increase in the cost of transportation
to Westchester County commuters OF $4,000
a year. They also contended that the fling
Of the amended petition by the railroad
company Is q concession by It that the pro-
visions of law requiring its posting had
not been complied with Their reference to
posting, 1t was stated, was Of the formal
notice that the agent had the schedules on
file for inspection, and not to the actual
display Of the tariffs
Counsel for the commuters asked the
commission to bring an action in the Su-
preme Court restraining the company from
putting the rates IN effect on June L
William P. Hickok, one Of the complain
ants, testified, after a personal inspection
of one of the con1pany's stations, 10 the
failure Of It to have the tariffs prop
eriy posted or even on file with agents ND
TO May s. Counsel cited several decisions
made IN the various states which made it
requisite that the tariffs be posted before
they could be held to be effective.
Joseph S. Wood also appeared for the
commuters and Dayton Hedges, John. =.
vunk and William II. Burroughs, members
of the Suffolk County Board of Super
visors. were in attendance. This body now
has pending before the commission a, COM
plant concerning communication rates of the
Long Island Railroad Company
The commission received kilograms from
the authorities of New Rochelle. Larch-
mont and Port Chester authorizing Messrs,
Ransom ana NeWsCn 10 represent 'ileSe 10
calities in the proceeding.
Mr.. Wood filed complaint from Mayor
Edwin W Fisks of Mount Vernon protest
ing on behalf of two thousand residents of
that city, who are commuters OF the New
York. New Haven & Hartford Railroad.
against the proposed increase in comnnu-
tation rates between Mount Vernon and
New York City.
The commission took the matter under
Amusement, reserving decision.