The evening world., 1911-12-29
FREE TRANSFERS
WON'T Be GIVEN
JAN. | AFTER ALL
Second Ave. Company Starts
Fight in Courts, Calling Ser
vice Board Order Illegal.
OTHERS WILL. FOLLOW.
Surface Lines Say They Can't
Give Change Slips Away
. and Make Money.
OTHERS WILL FOLLOW.

The Public Service Commission will
b compelled to fight for the mainte-
nance Of all the l5l transfer points Il
has ordered into effect Jan. 4. George
w. Lynch. receiver for the Second
Avenue Company. has attacked the or.
der OF the commission as illegal by
proceedings In the Supreme Court, and
the commission Is fully aware to-day
that the attack means all Of the other
companies involved will become parties
to the suit and take the long-standing
effort to forse transfers into the courts
for more delay.
The Second avenue company asked for
wnts OF certiorari. upon which Justice
Ford Issued the order yesterday. In
plain English. the company asks that
the commission be required to certify
to the Court the record Of its order
OF last August. under which the Third
Avenue Railroad Company. the Second
Avenue Railroad Company. the Central
Park. North and East River Railroad
Company n the Metropolitan Street
Railway Company were required ito
make Joint rates and to establish
through routes" by which transfers
would be given to the public.
Then. upon this record. the companies
appeal to the courts to have the order
sst aside as illegal and unconstitutional.
CAN'T COMPLY WITH ORDER
AND MAKE MONEY.
The contention Of the companies, In a
word. Is that they cannot comply with
the orders and make money. They
charge:
That the Commissioners did not
properly weigh the evidence upon
that point
Thai the revenues under the order
would not provide a reasonable profit
on the value Of property used in the
public service.
That 1t prevents creating a suit
able reserve fund.
That the Commission d~isregarded
proper evidence as to the value of
the companies property and the
money invested in the business.
That the present income Is not suf-
iclent to yield a ft return.
That the Commission had no night
90 make one line share It's trafiic re-
ceipts with a competing line. .
That the order deprives the COM
panies OF the right OF contract and
OF their property without. due pro-
cess of law.
Incidentally the entire Public Service
Law d. attacked as unconstitutional, be-
cause 1t deprives the companies of their
liberty and property without due pro-
cess of law and denies the equal protec-
ton Of the laws.
There are now in force In New York
III transfer points. under the orders of
the commission. The order which is
being fought added Isl new points.
GioHT.cENT ARRANGEMENT Al.
RooATED.
The condensation Of the schedules prac-
tically makes a network Of transfers In
Manhattan. taking In the entire trafic
territory covered by the surface lines.
The companies offered to put into Of.
feet an eight-cent arrangement like the
one which expires Sunday night on the
Fifty-ninth street crosstown line. The
Fifty-ninth street transfer order was
a~brogated by the Jan. ! order.
The effect Of the appeal is to put all
of the ISL transfer points ordered up In
the air pending the court decision. The
commission has twenty days in which
to answer the suit of the Second ave-
u and such other lines as may be-