The sun., 1918-12-06
B. R. T. LOSES FIGHT
ON BUYING 25O CARS
After Two Years Defiance of
Service Board Court Issues
Final Peremptory Writ.
DECISION rs SWEEPING
Justice Benedict Says Road
Has Only Itself to Blame for
Present Higher Cost.

The Public Service Commission. af-
ter almost two years litigation, has
succeeded finally in getting court
order TO compel the b. r. T. TO place
$50 new steel cars upon It's subsidiary
surface lines.
Justice Benedict OF the Supreme Court
I'M Brooklyn yesterday, after speaking
in condemning tones Of the dilatory
tactics OF the B. r. T. and the de
plorable" traffic conditions on some or
its lines, issued a peremptory writ OF
mandamus compelling the purchase Of
the new cars forthwith.
The original Public Service Commits
sion order was issued February 8. 1917.
The b. r. r. considered II unjust ana
fought submission to IL, and the hdga-
ton extended from the State courts tn
the Federal courts and back again to
the State courts and Justice Benedict.
It's enforcement now, under court or
der, compels the r. r. T. to expend
about $4,000, 900 for the new cars.
Justice Benedict read his seventeen
page decision in court yesterday before
William L. Ransom. chief counsel of
the Public Service Commission. and
Woody, representing the b. r. 7.
u. n. T.. Alone to Blame FOR Cost.
The Justice brushed aside the con-
tention of the railroad lawyers that the
enforcement of the order would be
grossly inequitabIe" because Of the
market conditions, and said:
"The answer to the appeals to
equity by the respondent companies is
that they are not in a position to urge
equitable considerations in their be-
half in these proceedings. They were
delinquent when. nearly two years ago,
the Public Service Commission was
obliged to order them to supply these
$50 new cars The fact that the COM
mission had to make this order-which
has been sustained by the courts
shows that they were not giving
proper attention to the traffic needs
~ the community which they were
supposed to serve in return for the
public franchises which they enjoyed.
Had they proceeded to procure
these cars when the needs arose, in
stead Of waiting TO be ordered by the
Public Service Commission to do so
ana then seeking to avoid compliance
with the lawful requirement, they
could have placed orders for these
cars long before the entrance OF the
United States into the war, when mar
ket conditions were normal, or much
r.ore nearly normal than they are to-
day. II it be hardship for them to
procure these $50 cars now, 1t is a
hardship which they have brought
upon themselves BY their failure 20
perform their duties TO the public in
due season.
Public Interests Paramount.
: Furthermore" added Justice Ben
e6ict, lin a case of this kind the in
terests OF the public are paramount
Traffic conditions on the respondents
lines have for long time been unsat-
isfactory to the public, and recently
they have become so deplorlhle that
they cry Loudly ard persistently for
called, the cars OF the respondent COM
called. the cars OF the respondent COM
panies on most OF their lines are
crowded far beyond the limits of
safety and deccucy.
Passengers ride on the roofs of the
cars, on the bumpers, anywhere that
they can get "a foothold and a hand
+. hold. however prccarious, in order TO
set to their homes without undue de-
lay. X the companies had ordered
the ESQ cars when they ought to have
done so they would have had them
long ago. and much of this very seri-
Gus congestion could have been pre-
vented"
Under the order now effective. 1875
new 'bohble skirt" cars must be
placed on the lines OF the Brooklyn
Heights Railroad, ninety-tYo on the
Nassau Electric Railroad, thirteen on
the Coney Island and Brooklyn Rail-
road and ten on the Brooklyn, Queens
County and Suburban Railroad.
Ar, Woody pleaded that & would
Take a year TO place the new cars on
the tracks. Justice Benedict there
upon made the mandamus rcturnable
on the first Monday of June, 1919. On
that date there will he another hear
irg and the subsidiary companies
must show that they have taken sub
rtantjal steps toward compliance with
the order.
New Turn in Wreck Inautr11
The Grand Jury investigation into
the causes for the Il. r. r. train wreck
took Il sudden turn yesterday. Dis
trict AtJorney Lewis declared that sur
prisins conditions OF laxity had been
discovered on the part Of the p. Il. r
IN the employment OF men for work as
motormen ana conductors.
Sohn Lavelle, who makes train
schedules for the r = IT aud 10 alec