Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-01-23
DEADLOCK OVER
TROLLEY RIGHTS.
Newark Officials to Seek Ad-
vice of Utility Commissioner
on Blanket Agreement.

Because of a previous engagement,
the State Board of Public Utility
Commissioners was unable to confer
today with members of the Board of
Works. The conference was intended
to consider questions bearing on the
local trolley situation, about which
the Board of Works is at odds with
the Public Service Corporation.
The questions involve the rerout-
ing OF the Newark lines and the
transfer problem. There are Other
matters Incorporated in the proposed
blanket agreement between the city
and corporation which the Utility
Board will be called upon to attempt
an adjustment
For more than ten hours yesterday
members of the Board of Works and
representatives Of the Public Service
debated on the proposed blanket
agreement, but at the end were I'M
able to reach an agreement. 1t was
decided by the Board of Works to
confer with the public utility COM
missioners for the purpose of review
ing the city's demands upon the Pub
tic Service.
The local commissioners seek to
ascertain If their demands are con-
sistent with the ideas of the Board of
Public Utility Commissioners, which
body will have the final say on any
agreement that may be made. Re-
Getty the State commission refused to
sanction the franchise agreement be-
tween the Board of Works and the
Public Service.
Two charges in the blanket agree
ment demanded by the Board Of
Works at the conference yesterday
were agreed to by the corporation.
Three other suggestions made by the
commissioners win be made the sub
ject of a conference between the local
and State boards, the company not
having acceded to these three propo-
sitions. A date for the latter con-
ference has not been settled upon.
The first change upon which all
parties agreed, and which will be in
serted in the blanket document, reads:
This agreement shall bind the sue
cessors and assignes off the parties
hereto" and payes the way for this
clause being Incorporated in the SUBJ
sequent ordinance which will be re-
quired to make the agreement law.
All parties concerned arrived at a
decision on the future power of the
Board of Works over the trolley stu
alton. In this connection the follow
Ing suggestion of Frank II. Sommer,
counsel for the State Board of Public
Utility Commissioners, agreed upon:
1.-THE operation of the street railway
over the tracks, permission to con-
struct, which is granted in the ordi-
nances herein recited, shall be sub
ject to any power of future regulation
which the board now has over exist
ing lines"
The first important clash followed
the discussion of the transfer problem,
and when the commissioners drafted
the following for insertion into the |
agreement the corporation representa- |
tiYes baked:
"A passenger shall be entitled to a |
transfer to q parallel line only when |
such passenger boards car within
zone to be agreed to by the parties to
this contract; provided, however, that
the company shall not be required to
Issue transfers good to return on
parallel line to point
within a quarter of mile OF the point
at which the passenger boarded the
car on which such transfer was
issued"
Neither could the city and corpo-
alton representatives come to an
agreement over the clause pertaining
20 the temporary rerouting of lines,
while the terminal plan Is being
worked out. The attempt of the COM
nlssioners to make the temporary
'erouting q part of the agreement was
'epulsed. The corporations counsel
,ontended that 1t was not proper to
INSIST upon a fifty-year franchise and
matter of temporary adjustment of
racks being included in the agree
nent. If an agreement is reached
md an ordinance passed making said
OF fl,a rri Villages ant
ID to the trolley concern will cover q
period of half a century.
On the grounds that the corporation
would waive its right of appeal from
my future ruling of the works board,
=. d. Howard Gilmour. Of counsel
or the Public Service Corporation,
objected to a clause suggested by the
The clause bears on
he subsequent rerouting plans and
'eads as follows: And has the
boards approval thereof"
Mr.. Gilmour pointed out that the
In agreeing to this
clause, would bind itself to carry
tut the recruiting plans of the works
BOARD. whether the railway was pre-
pared to do so or not.
Commissioner Charles z. Gillen and
Iohn L. O'Toole, of the Public Ser
,ice. engaged in a heated debate over
he proposed method of collecting the |
per cent. city share of the com
)any's gross earnings within city |
ines. The commissioner limited rather
broadly that the corporation had not |
,een paying the city it's just share of I
he earnings. In his talk the COM
missioner sprung surprise by stat
ng that City Attorney Herbert |
3oggs. in charge of the legal contest
% collect this per cent. of the trolley 1
income, had remarked Newark
hasn't got q leg to stand on as far as
evidence is concerned"
City Chief Engineer Sherrerd en-
cred the argument to modify Mr..
jillen's assertion by saying:
THE city is having some trouble /
collecting the evidence 1t needs to
support its fight. Some Of the i'm
1ortant papers wanted have not been
coated. UP to date"
Mr.. Gillen's remark was used by Mr.
0'Toole in an effort to discredit the |
formers charge that the Public Ser
vice was not paying the amount due |
10 the city. Mr. OiToole said:
"If the city hasn't leg to stand on,
az you say, Mr. Gillen. l think that II |
IS evidence that the company has tn is
Tar been fair in computing the city's |
share of the revenue from trolley traf- I
&c in Newark"