Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-08-12

the Kinney line. This order shall go
into effect IN September ), 1911
Frank Bergen, general counsel for the
Public Service Corporation, today de-
clined to discuss the new decision OF
the Utility Board
I'VE have not received d copy OF the
decision. said Mr.. Bergen. "and uhti'
we do there is nothing | have 10 say
in the matter
Attorney Wolber rehearsed the trans
fer fight in the following statement;
THE complaint in the case vas nled
by Mr.. William Mungle, president OF
the Board of Street and Water Cont
m~issioners, as a private citizen, on De
cember 10, 1910. The answer or the
Public Service Railway Company was
filed with the utility board about De
cember "a, 1910, and the board heid a
hearing on the complaint n answer
at the Court House in the city OF New
ark on February II, 19ll, when testl-
mony was offered by both parties. Au-
eument of counsel was had a few weeks
thereafter and both sides submitted
briefs.
ION April 26. 1911. the utility board
fled a memorandum that since the
Jurisdiction of the commission In a pro-
eeeding involving the complaln OIL
noncompliance with municipal oral-
nances, under the public utility law OF
1910, was in doubt. and the present
utility law became effective on May
/. 1911, specifically comforting Jufis-
diction in such proceeding upon the
board. further action would be de-
ferred unit May /, 1911. and request
ed the parties to file a stipulation 10
the effect that the board might act
in disposing Of the proceeding as
though the complaint had been filed
n all proceedings had thereon SUP
sequent TO May /. 1911.
This recommendation OF the board
was accepted by both parties in the
proceeding. and the commission fixed
June 80. 1911. as the day and the
Court House in the city of Newark
as the place for a -reargument of the
matter. The reargument was had
and new briefs were filed by the coun-
sci for the respective parties.
1.-THE decision of the board should be
particularly gratifying to the Newark
public. Every contention of Mr.
Mungle has been sustained by the
commission. The decision means the
restoration to the citizens of Newark
of privileges which they had enjoyed
for many years up to the time that
the Public Service Railway Company
arbitrarily undertook to carry out its
own views of what it was Obliged to
give to the city under the ordinances
The fight in behalf o. the Newark
I. 10. .,,f hnnn n chart
one. IL may be recalled that during
the administration Of Mayor Henry
M. Doremus proceedings were insti-
tuted in the New Jersey Supreme Court
to compel the North Jersey Street Rail
way Company. the predecessor OF the
Public Service Railway Company, by
mandamus, to comply with ordinance
requirements for transfers, but the SUI
preme Court held that, since the fran
chise ordinances constituted a contract
between the city and the railway com
pany, creating individual rights, relief
for any violation must be sought by q
private citizen of Newark.
From a perusal of the decision,
which is f~ar-reaching in its effect, 1t
seems that a person boarding a CLINTON
line car will be able to obtain q trans
fer to any line going northwardly on
Belleville avenue, and that a passenger
on a Hamburg place car of the South
Orange line will be able to obtain a
transfer on East Ferry street. In,
short. the railway company will be
obliged to give transfers on all inter
secting or connecting lines, irrespective
of the fact that the issuance of a trans
fer will necessitate a ride on two cars
instead of one. where a direct ride on a
single ear is provided"
NnngIe Much Grntificd.
President Mungle. Of the Board of
Works, said that he was much graft
fed with the decision handed down by
the Public Utility Board.
when | started proceedings against
the Public Service to compel the is
suance of transfers in the n de-
seribed II was simply because | knew
that the contract between the city and
the trolley company required the latter
to give such transfers.
THE ordinances granting the fran.
chises TO the old horse-car companies
specifically provided for a general sys-
tenn of transfers. ultimately these
franchises came into the possession of
the Public Service Corporation. If
they didn't want to live up to the CON
tract the proper thing to do was to
have returned to the city privileges
oraptad hy the fro pobioas