Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-06-12
CAN'T INTERFERE IN
CHANGES ON LEHIGH
Utility Board Has No JurisdIc-
ton in Depot Aban-
Comment.

The state Board of Public Util
~ Commissioners at Trenton to
sv formally decided that it is with
ant jurisdiction to approve of the ap'
piicatfon of the Lehigh Valley Rail
road Company to abandon the use o.
Pennsylvania railroad passenger sta
tons in Jersey city and at Market
street. this city, and to discontinue
the sale of tickets and the main
tenance of agencies at these stations
The board further dismissed the ap'
plication that it disapprove the pro
posed change of stations and that i
order the continuance of service a.
the stations by the Lehigh Vale.
Railroad Company. The state ooare
entered an order in accordance with
It's finding.
The State board, on January 7 last
received from the Lehigh VaAey Rail-
rad Company the application to
abandon these two stations and to
--ss,s maintaining agencies thereat
for the sale of tickets. The Lehigh
Valley Company was completing its
own station in Newark and had en-
tered into an agreement with the Cen
trial Railroad Company Of New Jer-
sey for the use of the latter's ter
mina1 in Jersey City.
At hearing here on February ID
last. the State board ruled that il
had ne Jurisdiction in the matter.
Later. upon the request of former
Senator William c. Gebhardt. the
case was reopened and further argu-
meDt was heard Former Senator
Gebhardt claimed that decision rem
dered by the Interstate Commerce
Commission in the case of the st.
Louis, Springfield and Peoria Rail-
road Company against the Peoria and
Fekin Union Railway Company was
pertinent to this case. In its memo
randum deciding the case, the State
Utility Commission says that study
of the opinion in question has not
sufficed to alter the decision first pro-
nounced by the board on February IA.
The State commission says further:
No Abandonment.
@On January Is, 1912. the Pennsyl-
vania Railroad Company notified the
Iehigh Valley Railroad Company
that the arrangement (for the use of
these two stations) would terminate
August 1, 1912 An extension of time
until May 1. 1918. was subsequently
assented to by the Pennsylvania Rail-
road Company. The Lehigh Valley
Railroad Company proceeded to make
arrangements for the use of a pas
senser terminal in Jersey City with
the Central Railroad Company of
New Jersey. This new arrangement
went into effect on May l, 1913; and
on the same date the Lehigh Valley
Railroad Company opened at FIRE.
linghuysen avenue, Newark, it's pas
senger station. and discontinued the
use of the Market fstreet station at
Newark
The utilization of fs' own passen-
ger station at Newark by the Lehigh
Valley Railroad Company and its en-
try upon and use of tkk Central ter-
minal at Communipaw by reason of
q forced cessation of use of the Penn
sylvania stations at NEWARK and Jer-
sey City are not such AN abandon
ment as the statute contemplates."
The public utility act provides that
mo railroad company shall, without
FIRST obtaining the approval of the
board. abandon any railltoad station
or stop the sale of passenger tickets
or cease to maintain an agent to re-
ceive and discharge freight at any
station now or hereafter established
in this State, at which passenger tick
cts are now or may hereafter be reg
ularly sold, or at which such agent
is now or may hereafter sbe main
tanned"
In it's memorandum the Public
Utilities Commission restatessits dec
laration in it's memorandum of No
vember 20, 1911, in the matter of the
proposed continuance by the Susque-
hanna Railroad of the use of the
Pennsylvania Railroad station in Jer-
sey city, which was as follows:
: 1.-THE possibility of creating in fu-
tufe another situation such as the
present one, whereby a terminal long
I'M use can be changed under terms
of lease, agreement or contract be-
tween the carriers in interest without
the possibility of effective interven-
ton or control by Representatives OF
this State or Of the roads patrons
affected thereby, should be effectually
and forever barred out"
The State commission shows that
the law ,remains as it was when this
memorandum was issued, and there
fore it has no further jurisdiction
than ~ than had