Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-01-15
TROLLEY PLANS UNINDORSED
BY PUBLIC UTILITY BOARD


m First PageD
run. the stopping of cars at street
crossings, the sale of tickets and gen
/ orally to details Of the conduct or
operations of the railway, which ex-
| pertence might show to be necessary
and for. among other things, the &C
| commodation of the public and the
avoidance of injury to private prop
erty.
II am of opinion that the require
ments relating to transfers is a regu-
lation which appertains to the sale of
tickets and the operation of the rail-
way concerning its method Of carry
| ing passengers to their destination
for single fare of five cents.
Surrender by the City.
THE presence in the proposed
agreement of a provision with respect
to transfer substantially like that
contained in the existing ordinances,
| with no clause reserying power of
future regulation, may at some later
day be contended to have evidenced
the intent of the city to surrender
the power of. future regulation and
to place the relations of the city with
respect to transfer privileges upon
an unqualified contract basis, which
cannot be altered except by the joint
action of the two.
Connected with this subject Of
transfer privileges is that of the re-
routing of lines of cars.
THE ordinances submitted will,
under the privileges granted thereby
admit of the rerouting of lines of cars
wholly independent of terminal
operation
by means of such rerouting stu
atoms may arise in which. prior to
the placing of the terminal plan in
operation. certain now intersecting
and connecting points of lines may
be eliminated, at which transfers are
now issued.
Neither the ordinances submitted
nor the blanket agreement contain
any provision covering this point 1t
is not intended to reflect upon the
good faith VI the officials Of the util-
ity,
Nor is It intended to have it in
ferred that they would. in the boards
opinion. take advantage of the posi-
BILE opportunity presented by re-rout-
ing to lessen the present transfer
!. privileges
1T is the purpose. however. to ex-
press its Judgment that the rights of
passengers to transfer privileges
: should not be permitted to rest upon
, ordinances whose construction has
l been and SILL is the subject of con-
Z troversY. nor be dependent unon the
mere good will of those operating the
utility.
, I'm the boards judgment the rights
of passengers to transfer privileges
should be clearly defined, established
and delimited by joint action by the
CITY and utility,
"An appropriate opportunity for
! such action, which will leave no ques-
ton Of its legality. is presented in the
imposition of conditions upon the
grants. of consent made by the or
: dinance presented to the board
"In the boards opinion, too, this
situation presents an opportunity in
Y imposing conditions to require reason
: able notice to the city of the proposed
re-routing of lines prior to the actual
e re-routing.
Proposed Re-Routing.
, Such a provision will afford an op-
portunity to the officials of the city
to consider any proposed re-routing:
to confer with the officials of the
utility with respect to the same, and
| in the event of disagreement to lay a
complaint before this board for action
if in the Judgment of the city officials,
the proposed re-routing is incompati-
BILE with proper and adequate service.
1.-THE board is led in part to file this
preliminary memorandum calling at
7 tention to the fact that the ordinances
submitted make absolute and unquali-
fled grants of consent, which have
been formally. accepted as such: that
the proposed blanket agreement is un-
executed; that ii is not complete in
= itself; that it is, in part, a mere agree
ment to attempt hereafter to agree,
? and that it may be construed to in
volve a surrender of rights which the
city now has and the existence of
which has been established through
litigation, because the statements
: made before the board by officials of
the city would indicate that in adopt
! ing the ordinances they relied upon
: the fact that the boards approval
was requisite and that there would be
: q further consideration of the entire
matter by the board.
The scope of the boards power in
the premises is questioned, however,
in memorandum filed on behalf of
; the company in the following words:
"'Public Service Railway Com
pany therefore respectfully sub
mits:
THAT until the ordinances now
before your. board for. approval
become effective it has no obliga-
ton to revise the present transfer
system.
" That such revision has to do
mainly with the media by which
existing and recognized privileges
are to be exercised, and
That the determination of the
proposition Qast advanced is
proper subject for consideration
between the municipal authorities
and the company, and the result
is subject to revision by the COM
, mission only in the event that the
methods prescribed are not ade-
quate or effective
1--WE wholly dissent from these pro-
positions.
Empowers the Board.
1.-THE statute specifically empowers
the board in granting its approval to
impose such conditions as to con-
struction, equipment, maintenance,
service or operation as the public con-
, venience and interests may reasona-
bly, require.
I'm the Judgment of the board this
power is sufficiently broad to COM
prehend conditions as to transfers
and re-routing.
1.-THE boards view, however, is that
since it is apparent that the city did
not contemplate that the grants made
should be without conditions, the city
, should before action by the board,
in appropriate form and with binding
force, definitely express its intent as
o the conditions to which the grants
made by it are to be subject.
Upon acceptance by the company
of the grants so conditioned, the
question as to the adequacy of the
conditions will be before the board.
"By pursuing this course, most eff
, fective cooperation between the city
~ L