New-York tribune., 1912-02-16
COURT AUTHORITY IN PERIL
]. S. Parker Fears for Effect of
Goldberg Bill on Review Power.
ATTACKED BY WHITRlDGE
New Yorker Calls Measure
Demagogic - Says No One
Wants Transfers Restored.
IRy Telegraph to Tho Tribune J

IRv Telegraph 20 Tho Tribune
Albany. Feb. 1f.-Assemblyman James S.
Parker, chairman of the Railroads Com
mittee, this afternoon said that the enact
ment Of the Goldberg bill to restore free
transfers on the surface railway lines I'm
New York city would have a more sweep
ing effect than those behind 1t apparently
realized. The decisions Of the Public Ser
vice Commission arc now subject 20 a court
review, he held
This riu," said Mr. Parker, would
practically remove that right Of review Of
the decision OF the Public Service Commits
sion restoring transfers in Manhattan. and
the result would be that in every similar
situation throughout the state an appeal
would be made TO the Legislature for such
a bill as this, and they would have just as
much right to Il as Manhattan"
A hearing on the Goldberg bill was given
this afternoon by the committee Of which
Mr.. Parker is chairman, and at its close he
declared that at second hearing on the
bill next Thursday he hoped the coutt re-
view question would be the principal sub
ject for discussion. He said that In the
meantime he intended to write to the Pub
lie Service Commission for an opinion on
this subject. II is understood that the COM
mission is i'm favor of the bill.
Mr. Parker raised the court review ques-
ton while j. w Paris. of the Long Island
Real Estate Exchange, WAS talking for the
measure. Mr.. Paris was devoting his speech
mostly to statements showing that the
railway companies could give transfers and
still pay dividends, when the chairman
asked him If he did not think the more
important feature Of the bill was in ref
erence to the power Of reviewing a decision
Of the Public Service Commission. He
held that II this question was settled the
solving of the transfer situation would
Necessarily follow. Mr. Paris agreed with
him.
Lawyers opposed to the bill, In discussing
It afterward. declared that the railroads
affected by the measure could go into court
on the order Of the Public Service Commits
sion the same as the Third Avenue Railway
did. They held that then the Court Of APP
peals would have TO make the same kind OF
q decision as II did in the Third Avenue
case. which would bring the whole matter
back to where it stands to-day. even though
the bill is passed.
The Public Service Commission has
granted an order restoring transfers in New
York City. but the carrying out Of the
order is held up by review proceedings
brought by the railroads. The purpose Of
the Goldberg bill is 20 do away with that
delay.
\ large delegation OF representatives. Of
real estate and civic organizations came TO
Albany 10 appear for the measure, while
Frederick w. Whitridge, president Of the
Third Avenue Railway Company, and James
NJ Ouackenbush counsel for the New York
Railways Company which Is the reorgan-
lied Metropolitan system. spoke against II.
Mr.. Whitridge vehemently denounced the
measure, saying that its only effect would
be 10 wreck public service corporations In
New York CITY, and that no one wanted
transfers restored. He told Mr.. Goldberg
that he was the introducer OF shameful
ignorant and demagogic bill The Assem-
blyman then asked that Mr.. Whtridge be
restrained from using such Incorporate
language but the Third Avenue Railway
president suddenly turned around and
walked out Of the room.
II ask that he be requested TO return and
hear himself answered.! shouted Mr.. Cold
berg. Mr.. Whitridge, however, only hesi-
T. IA a moment and then continued on his
" through the door.
Previously Mr.. WhtrIdge had taken oc-
casion severely to criticise the commissions.
If we have got tribunal he said,
charged with the duty of settling these
matters. and II every time somebody has a
grievance the Legislature is going to take
II out Of the hands Of that tribunal, why
not get rid Of IT and save about three mill
ions a year by doing IL? II Is contrary to
all legislative practice that ! know OF I'm
any country for Legislature to act on a
matter which is part Of the work of a body
especially created to study into such a
matter"
Mr.. Quackenbush thought that the courts
instead of the Legislature should be ap-
pealed to in this case. and said that he In
tended TO propose Il plan by which one cent
extra would he charged for transfers.
Besides Mr. Paris and Mr.. Goldberg.
among those who spoke for the bill were
DR. Abraham Thorn, OF the United Real
Estate owners Association; Assemblyman
McCue and Samuel J. BloOmingdale.