Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-06-10
Justice Mintura Finds
That School Children
Are Entitled to II.
PREFERENCE NOT UNDUE
NOR UNREASONABLE E
Public Utility Boards Order
Against Trolley Company Is
Consequently Affirmed.

Supreme Court Justice James F, Min
turn today handed down a decision
affirming the order of the Public Utility
Commission directing the Public Serv-
ice Railway Company to maintain
three-cent fares for school children.
Justice Minturn holds that the conten-
tion OF the Public Service that the
erect OF the new utilities law was To
proIDit the three-cent fares "does nor
accord with the spirit and intent 81
/ the act"
! An appeal from the decision NAV he
taken by the Public Service, but m the
absence of President McCarter todav
no informa tion could be obtained 4,
this point. 1t was inferred from re-
marks by Frank Bergen, general co,,n-
sci for the corporation. at the argu-
ment before Justice Minturn this week.
That an appeal would be taken If the
Public Service lost.
II there Is any virtue in the, argul
ment of the Public Service on this
point, says the court, what is to he
said of the custom of CARRYING infant.
Tree OF any charge? IT, the opinion
continues three-cent fares Tor school.
cniioren are illegal, so must II be illegal
Tor more forceful reasons to carry
younger children free of all charge.
Ihe court holds that the preference
to school children is neither undue nor
unreasonable. and points out that tbe
4 only change that has been mad. n
existing law by the passage ~ Tia
| pupi'o u'iii1ies act is that a commits
sion nas peeh created, with power to
determine what preferences are undua
and unreasonable
! Increase Illegal.
IL is held that the act of tba -,
way company in changing a ra.a -
i"ie III existence at the time the act
became effective must be constderad
as an increase that comes within tha
power OF the commission to determine
whether or not it is just.
| AS soon as the new public utilities
! aet became operative the Public Servio.
hailWay Company withdrew its three
l cent fare privilege previously given to
SCHOOL chlldren The Public Utility
| commission issued an order directing
tne troliey company to maintain the
oiu rate tor period of thirty days
AT the expiration of that time the order
was continued. Meanwhile the cour-
SCI LOT the trolley company, Mr.. Frank
1 Bergen, asked for a writ of certiorar;
to have the order of the commission
reviewed and at the same time request
! ha 70
while the issue was pending. The court
granted the writ of certiorari but
would not allow the company to charge
/ tive-cent fares while the case was un-
der review. Mr.. Frank H. Sommer ap-
peared for the utility board
! The opinion of Justice Minturn saws,
Text of Decision.
THE concrete question involved IL
whether system of three-cent fares
maintained by the railway company for
many years was abrogated by the
enactment of the so-called public uti-
ity law (P. L. 1911, ch 1857 The con-
tention that it was abrogated is based
by the company upon a construction
given by the interstate commerce COM
missioners to section of the Interstate
commerce act. which is substantially
similar to section Is of the act sub
! judice.
| Il am of the opinion that the con-
struction adopted in that case should
not be followed here: First because
the act IS not the same enactment in
terms and, secondly because the in
terstate commerce commissioners are
an administrative and not a judicial
body and their decision as an admin
istrative body on a detail of the act Il
not judicial determination. Qnter-
state Com. Com. VS.. Bunson. 154 U. S.,
/ 44O
To adopt the construction given by
an extra territorial court to an act sub
sequently adopted in another State SO
thats the construction thus given may
be read into the act as part of it, the
statute must appear to be the same in
its entirety. and its terms must be of
doubtful import so as to require con-
struction.
Does Not Abrogate Act.
"The public utility act does not abro-
gate the system of three-cent fares
maintained by the railway company,
because section Is applies only to such
preferences as are undue or unrea-
sonable, This was not the enactment
of a new condition, nor did it create a
new legal status 1t was the imme-
mortal rule of the common law.
When the railway, decade ago.
Instituted the system of three-cent
fares upon some of it's lines and en-
tered into contracts in the form of mu-
nicipa ordinances on other lines, It
did so under the aegis of this common
law rule, now transmitted into statute
law.
Commission Has Power.
1.-THE only change, therefore, that
has been effectuated by this legislation
which can be said to affect the rail-