The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-06-24
B. R. T. WINS LONG
ANYI-FENDER FIGHT
Col. Hayward ExcOriates Ser
vice Commission Majority
for Resembling Order.
MCCALL OPPOSES REPEAL

BY a vote of 3 to .. Messrs. Mccall
and Hayward being the two. the Public
Service Commission rescinded yesterday
ita order OF six years ago. never fully
enforced. compelling the Bro )lsiyn Rapid
Transit Company to put projecting
tenders on its street cars. The
won its Iona fight. based on n contention
that the best life saving device liz Wheel
guards and tina Tenders make only
trouble.
The prevailing opinion was written by
J Sergeant Cram. commissioners will
Jams and Wood sided with him. In a
dissenting opinion Col. Hayward poured
indignant reproach upon his comrades
In the board.
For six lons years" he said. these
companies of the r. r.. r. system have
been able, by one means and another, to
make the action Of the commission futile
so far az Tenders were concerned, until
the whole proceeding appears more like
child's play or a mock trial than the pro-
ceedings OF n great commission clothed
with the most extraordinary powers to
enforce its orders and require obedience
from stubborn companies operating
under the short sighted policy OF re-
sistance 10 any safety order which
touches their pocketbooks--a policy so
frankly admitted by Mr.. March for the
companies"
Since the original hearing closed six
years have elapsed, Col. Hayward said !:
1900 pages Of testimony have been
taken OF ninety-seven days of hearings,
three Presidents have sat in tbs White
House, and six Governors at Albany,
flying machines AVE evolved from a
dream TO practical use. commissioners
have come and gone, but the fender
case seems to run on forever" There
were years OF rehearings. In November.
1918. the commission refused 20 rescind
the fender order and adopted an opin-
ion IN which COMMISSIONS Malthie said
1--WE are dealing in this matter with the
lives and limbs of pedestrians, many
OF them little children
Col. Hayward continued:
1--WE are now urged 20 repudlatc every
thing that has ever been done In this
case. and Commissioner Cram has sub
mitted an opinion doing this. What.
may | ask. has become os the necessity
for preventing bread winners from being
deprived OF their ability TO support their
families? Is the mother less beloved
in her family circle than she was bcforeo
Has the commission forgotten that, al
though most OF the little children re-
ferretl 70 have grown up In the years the
commission has dawdled with this case
and are now bread winner or mothers
beloved in their own family circle. they
now have little children OF their own
who still may lie manned"
The order should not he rescinded,
Col. Hayward said. II should he mod
crnized, and parts OF Il that are
obsolete and inconsistent with present
traffic conditions should he modified.
Commissioners Cram held that as all
the cars had wheel guards the project
ing fender was not needed. He said
the Tenders would cause accidents. and
that persons struck by them were usu-
ally more seriously hurt than when
struck by the front Of a car. He
thought the companies themselves would
insist or tenders instead OF opposing
them n damage claims would lie les
sened.