New-York tribune., 1912-03-14
FAVORS |NTERBORO OFFER
P,S. c. Board Passes Proposition
Over to Board Of Estimate.
MAY BE ACTED ON TO-DAY
Letter Says Every Proper Means
Should Be Used to Get IL into
the Dual System.


Tn q letter. which was approved by Vo'o
os three 10 two, the Public Service Coi'i
mission Yesterday transmitted TO the poalu u
or F.stimate the latest proposition Oh INC
peterborough Rapid Transit Company ioI
nart,cipation in the new scheme OF uahsl'
facilities. .,.,,
referring to the fact that the consutu-
+ionalitv of the preferential payment
scbeme which is one OF the leahins iea'-
ures of fhe plan. is before the courts the
commission saws it does not feel that II
should discuss that part of the proposltioh'
II qoes on 10 say: The commission pe-
u4ves however. that the present INTERIOR
oueb proposition is so advantageous TO the
ci,v and the travelling public that every
proper means should he used 10 secure -
as a part Of the dual system.
chairman Wilcox and Commissioners
McCarron and Eusus voted 10 alproNo ''s
letter. but Commissioners MaI'o'9 anu
Cram voted in the negative iarEeN oe
cause they hold that the preferenual pay
nent is unconstitutional
The communication reached the BoaTu VI
Fstinate too late 10 get on the caienudi
for the meeting to-day. Borough !eSIu'i'' I"
MoAneny said, however. that he wouId move
N have Il taken up by unanimous cohS''ie
end referred to the conference commiI'ee Vi
a.. hoerd consisting Of himself and BOT
e,,r,, presidents Miller and Cromwell. IL u
--ohab,a that there will be no obJecuoh u
raso,,,tion 20 receive the report ana reler
a. 70 President McAneny S committee ioi
report a week from to-day.
=, voting mo" Commissioner Maltole re-
,Arrsa 10 the programme laid down oy 'he
gosrd Of Estimate in July, after the lh'ei
borough had refused 20 come H. aho d,H
"a, 81 cannot now vote to oVerturh ''iiS
nroeramue. This latest proposluon Oh l"'
peterborough has been declared unconS'l'u-
+ional by counsel. and know ot no id"S g
,,ot connected with interested parues WIZ
has rendered an opinion that the proposal
is constitutional" i,
Counsel referred TO is understooo u
rsfer 10 George s. Coleman, chleI couilSei
of the commission
Furthermore. the Commissioner sald' 'l'e
v,ronosition could not be accepted under the
md transit act, and that many chahseS
A. ,ba law would have to be made before
.ha offer could be legally accepted.
.I approve Of the general plan or th'
-o,,.e. as laid out" said Commissioner
cram. "but I cannot vote for that Whlch
nors,dar unconstitutional and non-statu
tory" ,,,--,.,,
The letter. which is signed ny Ohal' MAJ
Wilcox, goes into the history OF inc heeC
tiations for new subWays anu INC WI
thot has been done toward getting ne"
subways built in regard 10 inc i0''S'
rronosition from the lnterborough the coii'
munication states
,rbA details of the terms for operation
as expressed IN this later comm ihuillcaIIui ,S,
Trorn ihe InterboTough Rapid transit IoIIi ON
oanV are in general. similar TO the ttIIl'
as set forth by the con1errees III the IePuI
Of Iuly 90 1911. There are, hoWeNtl' 9 VI
tain notifications IN the Terms ems nc moN ~ tf
Cested hv the Interborough thal are 20 tn
Sdventaee of the city. ProceeulnsS al
now pending in the courts IN WIilcn w. w.
tiODs are raised as 10 certain IIIPoI IP, I .aii
features of the propostioNs, tpl o,,ora :
ss ia prefeventiai payments 10 tne opeI az
20 compauies II may be added tndI I'M
nr0vlsion for preferential payments IS
rart Of the present proposition OF lhe ~
ierhorough Rapid Transit Company, as we
&c of preyious ones. and IL is also par
of me proposition of the Brooklyn RapI
Transit Company. Until a hndl declslo
has Neeu obtained from the courts, IN
cCrrroission does not deem il advlsah nj
10 discuss such terms at length. The com
mission must give consideration to propo
sitlODC from companies dlNcl ti'N nc
haan presented, as provided by law. Con
sequentIy. the commission cannot he, an
Is NOT foreClosed from accepting q hetle
proposition If il is presented IN lesd
way.
The letter stated that the commission
has In preparation the necessary plans ant
resolutions for the legalization OF route
incident To the dual system and they Noul
be transmitted at al early date 10 IN
Board of Estimate. This, II states, IS I'm
portant, as the commission holds that an
form Of contract for equipment or opera
ton should contain all the routes and con