Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-06-10

Legislature has created a commission
and conferred upon it the power to
determine what preferences are nn-
due or unreasonable Otherwise the
law is the same that existed when the
Public Service Company took over Its
subsidiary lines with their municipal
limitations as to fares and with com
mendable public spirit made a uniform
reduction In fare on its entire system
for sehool children. Its contention that
the effect of the enactment was TO re-
zeal this benehcent condition does not
accord with the spirit and intent OF the
act. The clear legislative purpose was
to administer and 10 regulate IN their
uperation these instrumentalities, quite
properly denominated public service
companies, which are chartered pro.
bono publico, and are compensated py
public individual contributions for the
s~eryice performed.
Compnny Auxiliary of State.
This company had converted itself
b its low fares into an auxiliary of
the State. in assisting in the spread
and maintenance of education, py
facilitating the transportation OF school
children at low fares. This was not an
undue or an asonable preference
ipso facto. 1T was in line with the
spirity of our constitution and with
the laws and immutable traditions OF
our State, making for the perpetuatlon
of an enlightened citizenship based
upon the education afforded by our
schools. To insist that in the passage
of an act designed merely to regulate
III Y,.IIf1 carxri,a - Nr.u xsif hin the
contemplation of the legislator to con-
denim a manifest public benefit by con-
verting it into a violation of law, and
to thereby overturn a system and a
condition most jealousy guarded for
Centuries rs the bulwark of our in
stitutions. is to attribute to the legis-
lative mine forg~etfulness or indiffer-
enee to the fundamental policy and
traditions of our government and our
people.
Proper Construction.
"a proper construction Of this act
must accord with it's spirit and intent.
The clear intent and spirit of this
legislation is To erect u tribunal or
commission in the State with powers
of administration and regulation, sub
s%tantially similar to those exercised by
the Interstate Commerce Commission,
in which shall be vested the power -
make the necessary investigation for
the purpose of ascertaining not whether
a preference has been given, as in this
case, but whether in justice TO the
public the preference 50 accorded Is
undue or unreasonable
A Comparison.
1T is difficult to perceive why the
special rate accorded to school children
undeH this regulation Of the company
SHOULD be ~abrogated by this act, while
the well-known regulation of railway
companies of carrying small children
free of charge remains unquestioped.
If this act eX vi termini operates to
abrogate the three-cent fare regula-
ton as a preference a fortiori must it
apply to a regulation which results in
carrying persons free of charge, unless
the power is lodged by the act with this
commission to determine what is not
undue and unreasonable as a preferen-
tial regulation.
The act OF the railway company in
this instance must, therefore, be con-
sidered as fhe increase of a rate of
fare which was in existence when the
statute became effective. Section II Of
'the act, subdivision 6h) confers upon
the commission power ito hear and
determine whether the said increase
charge or alteration is just and reason
able" Such is the purpose of the order
under review, and the Legislature hav-
ing conferred the power of regulation
and administration upon the commits
sion, this court will not interfere in
the discharge of that duty, except, in
the language of the 38th section of the
act, where it clearly appears that there
was no evidence before the board to
support reasonably such order, or that
the same was without the jurisdiction
of the board, Neither of these eondi-
lions existing in this case, the order of
the Board of Public Utilities Commits
sion now under review will be af-
frmed."