Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-07-06

1.-THE filing during the last days
of May of the new schedules pre-
senting an increase in passenger
rates over all the lines of railroads
taking passengers from New Jersey
into New York greatly aroused the
public and has provoked. especially
In the northern part of this State,
a storm of protest.
IT think. with many others. that
he railroads have acted hastily,
still all must concede that they are
within their legal right, III IL Is
shown that the increase Is reason
able and just. This presents, In my
Judgment. a judicial question and
should be determined on h proofs
adduced in evidence. 1t cannot be
rightly settled by prejudice nor by
what is even worse, partisan
political considerations.
It's determination requires that
there he ascertained with some
measur of accuracy, In the case OF
enrb common carrier the cost of
operation and maintenance, the fair
and necessary allowances for bef-
terments and improvements, the
amount of fixed charges and the
value of physical property, win a
view that there shall be allowed TO
the stockholders of each company
a fair return on the money Invested.
II the new rates do more than
this, they are unreasonable I'm legal
contemplation, but not Otherwise
This IL the test by which the whole
matter must ultimately be deter
itmined. No amount of excitement
H. a,fse~nnrfnn Pnn Obscure I1IH
plain and ~palpabie fact.
Up to Congress.
ssThese changes in the schedules,
for the most part, affect those who
make daily journeys from New Jer-
sey into New York. 1t Is aid thai
over IS per cent. of the traffic af-
fected is of that character. Be that
as it may, it is clear that the travel
Immediately concerned is, for the
most part. interstate. In respect TO
such interstate travel New Jersey
has no jurisdiction and, therefore.
can exercise no control, either d.
rectly or indirectly. The Federal
constitution reserves to the Con-
gress entire control over interstate
com>srce and over all its instru-
FATALITIES
Ut is clear. therefore, that any
vattempt by the Legislature of this
State, whether in special or regular
session, would be u~nwarranted and
unlawful. The State Railroad Com
mission (to be known since yester-
day as the utility commission) has
filed complaints touching this very
matter before the Interstate Com
merce Commission at Washington
against the several common car
riers. A hearing has been fixed by
that body for July Il. 1t would be
INDIGENOUS for me to predict what
result would be reached.
1T Is enough for my present COM
ment. to IA that the matter has
been presented in an orderly way
and Is now pending before that
body. Until its decision is given no
new line of activity need be n
nounced. If it be determined that
the commission has authority and
jurisdiction to deal with the COM
mutation problem presented then of
necessity II must at once take up
the reasonableness of the rates
shown in the new schedules, and it
may be assumed hat this inquiry
will be thorough and searching,
Is Awaiting Probe.
1.-THE Railroad Commission of this
State has also begun an investiga-
ton In respect to the reasonable
ness of these changes. This investi-
cation relates. as 1t may under our
statute, not only to such rates as
are intrastate, but to those which
are interstate, as well. While this
State body has no power to make
orders, 1t has ample power to in
vestigate and, incidentally, to COM
pei the attendance and answer of
witnesses, the production of docu-
ments, etc. This investigation Is
still pending. 1 understand it is
being conducted intelligently and
Is being prosecuted as rapidly as
may be.
This, then, is the posture of az
fairs in which it is insisted by
many earnest and indignant citi-
zens that I. as Governor, should
call a special session of the Legis-
lature. To justify such a call 1t
should be made to appear by some
more definite method than mere
conjecture that the new rates pro-
posed are In whole or in part I'M
reasonable. 1t should appear, also,
that the intrastate rates lin respect
to which alone the Legislature may
act) are not only unreasonable, but
that the persons affected are SO
considerable In number as to Jus
tify me in exercising the extraor-
binary power OF calling a special
session conferred upon the execu-
tive by the Constitution of this
State.
Il have an opinion in respect to
these rates. l believe they are
wrong. Every citizen, under the
circumstances presented. must have
formed his individual opinion. But
! have had neither the opportunity
nor the means to examine the mat
ter fully and fairly. This may be
done, however, by our State COM
mission. The Legislature has placed
upon 1t the duty of such inquiry. l
have no right to anticipate or fore
stall its finding.
No Extra Session Needed.
81 conclude, therefore, after great
consideration, that 1 ought not, Mt
this time, to issue the call for a
special session, nor until the ques-
ton of the reasonabieness or I'M
rensopableness of these rates Is an
swered-at least. by the state COM
mission.
Il am constrained to say, how
Vouno MJo~o~ No..