New-York tribune., 1910-01-13
P. s. c. WANTS POW ER
rs Law INTENDED.
Commissions Report Presented
to LEGISLATURE.

In its report for 1909 read to the Legfs-
lsture in Albany. the Public Service Com
mission says that through csrelessness in
phraseology the intent of the law has been
nullified.
Powers in the commission 10 regulate
rates ssEd service. TO prevent construction
under franchises that do not safeguard the
public welfare. and 10 prevent stock water
ing, says the report. have been consid-
cred the main advantages OF the new law.
Without them the commissions can hardly
touch fundamental evils. 1t is highly de-
sirable that the essential purposes OF the
law he re-establshed
For instance, on the point Of rates and
service, the commission points out, it was
intended that the commission should be an
administrative body. but. in effect. the
words employed in the act make the COM
mission a judicial or ouasi-judicial body. ac-
cording TO the ruling of the state courts.
which hold its orders open 10 review and
interfere materially with its effectiveness.
So in the matter OF granting franchises.
Under the rulings OF the court the power OF
the commission IS limited TO determining
the present convenience or necessity OF a
railroad, quite regardless of the franchise
terms that may be inserted by the city and
which may be considered by the commission
as hostile 10 the public interests"
as 10 the prevention of stock watering,
which was one Of the main purposes OF the
Law, careIessness in the wording Of the law
hss also helped TO nullify the commissions S
powers. The commission in its report says
81 is easy for the companies TO get around
this seeming obstacle by bringing within
the purposes for which capital could prop
eriy be allowed sums that should never be
capitalized. such as expenses of operation,
taxes. replacements or even dividends
on the matter OF transportation rates. the
commission says its ability TO prescribe rea-
sonahle joint rates. including transfers,
should be made clear and effective Another
important recommendation is the rectifca-
tion of the wording OF the law SO as TO give
the commission power over express COM
panies. which II does not now possess be-
cause the business Of none of these COM
pnnies is confined exclusively to greater
New York
Another thing asked for by the commits
sion is a rewording of the law which gives
4 power TO go on with the work Of ellmina-
tion Of grade crossings IN New York, which
s. practically at a standstiil. The develop
ment OF Queens and Richmond and parts of
Brooklyn is being retarded largely through
the inability Of the commission TO deal with
this problem.
The equipment Of the railroad systems
IN the city Of New York, says the commits
sion. is now in better condition than ever
before. The cars are less noisy and they
are cleaner and better heated. and. because
or the thorough overhauling OF the cars re-
oEired by the commission, there are fewer
breskdowns and blowouts of motors and
fuses. great reduction of such accidents
on the Brooklyn Bridge has made possible
considerably better service on that strIct-
ure.
The service rendered by transportation
companies is also now better than ever be
fore in proportion TO the physical conditions
and volume OF travel. Due TO the orders Of
the commission the maximum service is con-
tinued for 4 much longer period than here
tcfore, and the rush hour service has been
fncrea sed- On the Manhattan surface lines
alone, the service shows an increase of
from II per cent to 81 per cent.
Unless Unforeseen difficulties arise .he
commission does not see why II should not
have the plans and forms of contracts for
rapid transit routes ii is now considering
completed early this year and shortly there
after invite bids. These routes are the
Observation-Disclosures avenue, the Broadway
Lafayette avenue. the Canal street line in
Manhattan. and the extensions of the
Fourth avenue subway to Fort Hamilton
and Coney Island. a total OF 37.77 miles of
road. Work already has begun on all six
sections of the Fourth avenue subway.