Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-09-11
APPii i,'HHnnT'|ON FOR
LOWER TUBE RATE
IS THROWN OUT
Utility Board Upholds Defense
of Pennsylvania and II. and
M. Railroads.
FARE TO SUMMIT AVENUE
STAYS AT FIFTEEN CENTS
difference in Transportation
Makes Rate to New York
No Fair Comparison"

sboNOS NAV ~ hsOVN otn
No Fair Comparison"
TRENTON, Sept. 1.-THE Board of
Public Utility Commissioners today
filed an order dismissing the COM
plant of the Board of Street and
Water Commissioners of Newark,
that the Pennsylvania Railroad Com
pany exacted an unjust and unrea-
sonable rate of fare between Park
place. Newark, and Summit avenue,
Jersey City.
The impugned rate of fare, fifteen
cents, one way, after cashing the re-
fund coupon, was compared in the
complaint with the fare of seven
cents on the Thirty-third street line
of the Hudson and Manhattan Rail-
road, which the complaint described
as direct continuation of the cleo
trio line. The seven-cent fare suf-
fees to carry a passenger from Sum-
NIT avenue, Jersey City, to Thirty
third street, New York, distance
not greatly different. from the dis
tance from Park place, Newark, to
Summit avenue, Jersey City, for
which fifteen cents is charged
The utility commissioners in their
report say:
I'm the strict legal sense the fare
complained of cannot be adjudged
as unduly discriminatory or unrea-
sonable simply by it's contrast to the
fare of seven cents between Summit
avenue and ,Thirty-third street, New
York The latter fare Is set by a
different carrier. the Hudson and
Manhattan Railroad Company, on a
line which connects, it Is true. with
the Pennsylvania's, but over which
the Pennsylvania has no control.
Summit avenue is the dividing line
between the two roads; eastward 1t
Is under the control of the Hudson
and Manhattan; westward under the
control of the Pennsylvania.
Unlawful discrimination is prac-
ticed by a carrier when 1t accords
it's patrons different treatment under
circumstances and conditions, essen
TALLY the same But it does not
argue illegal discrimination that one
carrier exacts rates of fare higher or
lower than those exaeted Tpy another
carrier. The rate of fare, therefore,
cited on the uptown branch of the
Hudson and Manhattan is incompe-
tent to prove unlawful discrimination
against the Pennsylvania.
Difference In Transportatfon.
''Waiving the legal or technical
side of the matter, the fares COM
pared are for essentially different
varieties of transportation. Between
d., I'll r.la orlr nd Stf4 n q
enue, Jersey City, a distance of 5.S
miles, there is no source of traffic
save at Harrison. Between Thirty
third street, New York, and Summit
avenue, Jersey City, there is fairly
dense inter- stational urban traffic
The system of charges for urban traf-
fic differs from the system in vogue
in inter-urban traffic. 1t is because
of the multitude of short rides that
the occasional traveller can ride ten
or fifteen miles upon an urban line
at the fixed rate of fare. There is,
therefore, an essential difference In
the circumstances on the two lines
which meet at Summit avenue. =
"This essential difference explains
the difference in the basis on which
their respective rates are made. The
rate in one case is practically fixed
rate Give or seven cents), irrespective
of the length of the individuals trip;
the rate in the other is proportioned
to distance traversed.
Moreover, 1t cannot be assumed
that because a passenger for seven
cents can ride from Thirty-third
street, New York, to Summit avenue,
Jersey City, the average rate per mile
is less on that line than on the line
from Park place, Newark, to Summit
avenue, Jersey City. There is some
presumption to the contrary. On the
Hudson and Manhattan from Ex-
change place, Jersey City. to the Hud-
son terminal the fare is five (5) cents;
the distance is but mile and a quar-
ter; the travel is dense; and the rate
per mile is four (D cents. From the
Erie station to Christopher street the
distance is less than two miles. and
the charge is seven % cents. or over
three and a half (319) cents mile.
Average Rate Not Warranted.
1--WE do not assume that the rates
on the Hudson and Manhattan are
excessive. We simply point out that
the inference which may be drawn
from the comparison of the seven %
cent rate as against the fifteen Q5)
cent rate, that the average rate per
mile from Park place to Summit ave-
nue. is higher than the average rate on
the Hudson and Manhattan is not
warranted.
while the complaint contained no
reference to the divisions of joint
through rates between the Pennsyl-
vania and the Hudson and Manhat-
tan, the testimony disclosed the fact
that out of the one way joint fare of
seventeen QO cents between Newark
and Jersey City points other than
Summit avenue, the Pennsylvania OBJ
tains twelve Q2) cents, and the Hud
son and Manhattan obtains five (5)
cents. This fare is relied on by COM
plainants counsel as showing undue
discrimination. The argument seems
to be that the Pennsylvania charges
different rates for performing the
same service. 1t charges the individ-
ual traveller fifteen Q5) cents between
Park place ard Summit avenue. 1t
carries the traveller over the same
route, delivers him at Summit avenue
to the Hudson and Manhattan, which,
in turn, carries him over its lines to
Exchange place or to the Hudson ter
minal; whereupon out of the seven
teen Q7 cents collected from the pas
serger the Pennsylvania accords five
(5) to the Hudson and Manhattan and