Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-01-15


required to consider what, if any. con-
ditions the public convenience and in
terest may reasonably require should
be imposed as to construction, equip
ment maintenance. service or opera
ton
THE power to grant or withhold
consent to the use of the public high
ways and public places is vested by
statute in the municipality.
In granting its consent the munich
pality may affix thereto lawful and
reasonable conditions beneficial to the
public
THE conditions imposed by the mu-
nicipality in granting its consent be-
come, through acceptance of the or
,dinance making the grant, binding
upon the utility to which the grant
is made.
Compliance by the utility, with the
conditions so imposed, Is the consid-
GRAFTON to the municipality for the
grant made.
Even though a specified condition
so imposed is without the power of
the municipality, it is not open to the
utility which has accepted the ordi-
nance making the grant, to raise the
question that the imposition of the
condition by the municipality was
ultra wires.
1.-THE power of the municipality to
impose conditions on the grant of its
consent is, therefore, more comprehen-
sive than it's power to regulate the
use of the public highways and pub
lie places.
For the former power specific
statutory authority need not be found.
For the latter specific statutory
authority is requisite, since the mu-
nicipality, in general, possesses such
powers only as the legislature has by
statute conferred upon 1t.
~ When the municipality has exer-
cised its power of consent, future reg
ulation, by it. of the exercise by the
utility of the privileges derived
. through such consent, must ordinarily
be confined to such regulation as
finds justification in the specific grant
of power to municipality by the
legislature.
Careful Consideration.
THE Importance, or careful consid-
GRAFTON by the municipality of the
it's consent, is made manifest by these
considerations.
"a determination of the conditions
pality to the grant of the consent t.
be made by it would, therefore, seen
to be an integral part of the act Of
making the grant
ITO the benefit of such a determi
nation by the local governing body
this board believes itself TO be en-.
titled before it is called upon to exer
else the power and fulfill the duties
assigned to 1t.
THE ordinances submitted to thi,
board, other than those relating tt
the construction of subways, are un.
qualified grants of consent by tht
municipality, and were formally &C.
cepted as such by the company.
THAT it was not the view of the
governing body of the municipalit,
to grant such consents without i'm
posing conditions is apparent,
An ordinance submitted for tn,
boards information, but not for it.
approval, authorizes the execution
of a so-called blanket agreement
between the city and the utility
which purports to annex certain con
ditions to the grants made.
1.-THE ordinances submitted contain
no reference to this agreement AS
stated, the ordinances make uncon-
ditional grants.
1.-THE agreement itself has not beer
executed either on behalf of the city
or the utility.
1.-THE statement made is that this
agreement is to be executed by the
city and the company in the event
of the ordinances becoming effec-
tive,
Mere Understanding.
lone of the provisions of the agree
ment, relating to transfers, is a mere
undertaking between the city and the
utility whereby they agree to attempt
later to agree upon a revision of the
existing system of granting of trans
fers.
1.-THE complaint of William Mum
gle against the Public Service Rail
way Company directed attention
sharply to the existing confi0t be-
tween the city and the utility as to
the obligations of the company re-
garding the issuance of transfers.
1.-THE determination by the Court oil
Errors. and Appeals, on the order
made by this board in that case, while
sustaining the board in requiring the
grant of transfers to connecting and
intersecting lines, served to indicate
the view of the court that a passenger
was not, under the existing ordin-
ances of the city, entitled to a coupon
transfer or transfer on transfer
even though such transfer might be
essential to forward him to his des-
tination by the most direct route.
Complaints made by passengers
since this order, and the judgment OF
the court of last resort thereon, in
dictate that the duty of the utility tc
issue and accept, and the right of the
passenger to demand and use trans
fer is still the subject of doubt ane
misunderstanding and source of EN-
barrasSment and annoyance.
'"The boards study of the situation
in connection with the case referred
to indicates that under the existing
ordinances transfers are, on the one
hand, not required to be granted
where their issuance might reason
ably be demanded, and on the othel
hand are, in certain instances, re-
quired to be issued where they may
be improperly employed by passengers
in making round trips to their des-
tinatioH and in return therefrom.
This situation is perpetuated by
the proposed agreement, except as II
may be affected by future agreement
under the provisions of the agreement
to attempt to agree upon a compre-
hensive system of transfers.
1.-THE form. in which the proposed
agreement Is cast also raises "a ques-
ton as to whether the city does not
thereby surrender a power of res ala
ton over the issuance of tran M,rs
which it now possesses.
Limits the Obligation.
at definitely limits the oplfga. Ion
OF the company by the provisions that
the company shall, upon request and
without further charge, give to any
person who has paid cash fare on
any car, transfer which shall en-