New-York tribune., 1918-06-07
Service Board
Puts 6-Cent Fare
Issue Up to City
Only Relief Is in Franchise
Changes, Straus Tells
Surface Lines
By BRIGGS

In an elaborate opinion issued yes
terday, Chairman Oscar S. Straus, of
the Public Service Commission, held
that the surface railway companies,
which applied to the commission last
year for permission to charge for
transfers or exact six-cent fare, could
not look to the commission for relief
"The companies should apply to the
municipal or state authorities for such
financial relief by asking for changes
in franchise grants said Chairman
Straus "The Public Service Commits
sion is not in a position now, in the
matter of transfer cases. legally to
grant relief more than fractional and
fragmentary, on basis which would
prove utterly unsatisfactory to the
general public"
The opinion states the Rochester fare
decision of the Court Of Appeals,
handed down a few weeks ago, makes
it clearly impossible for the commits
sion to approve any advance in fare,
either directly or by permission to
charge for transfers, where the maxi
mum fare has been fixed by municipal
or legislative grant.
Sees "Disaster" in Attempt
Subsequent to the above decision,
some of the companies contended i'm
portant portions of their lines were
not subject to any fare restrictions
imposed by franchise or other grants
and that the commission ought to rule
as to the validity of charge for trans
fcrs on such portions.
The chairman indicates the legal
opJ proc+ico1 RI ~ Ic,,1+ioc in tho moth of
such conclusion, holding that only
"disaster" could follow an attempt to
charge piecemeal for transfers, and
that abrogatlon of transfer privileges
as an excuse for exacting another fare
from the passenger is beset with equal
ly serious difficulties.
''The difficulties of these companies
as to franchise terms are of their own
seeking" said the chairman. at is a
ord that the franchises were not forced
upon reluctant and unwilling companies
by rapacious municipalities. The COM
panies sought these and similar fran
chises, fare limitations and all; they
plotted for them, schemed for them.
dickered for them, gave concessions and
gained advantages, got something
which they thought they wanted. some
thing which they could capitalize and
OVeICdp piIdllLe-lOHS Term TIRntS 10 use
and occupy pivotal streets and ave-
nues of the worlds richest city They
gained favorable terms, and for the
sake Of them accepted some terms
which have now proved unfavorable, at
least temporarily"
Chairman Straus pointed out the
company is no less than the city gov
erned by the legal concept which de-
MES the city right to change the
franchise terms without the consent of
the company. The rule fairly works
both ways, he said
The chairman put it souarely up to
the traction companies to look to the
city for relief when he said:
THE matter of terms rests with the
municipality, because the companies
wanted the franchises so much thew
bargained on the subject of fares and
agreed to be ever bound by five
cent fare limitation, at the cty's op-
tion. When the franchise limitations
no longer stand in the way the COM
panies may come to the commission for
the fixation of reasonable and ade-
quate rate, notwithstanding statutory
barriers"
Brotherhood" Takes Appeal
A circular signed by the Brother
hood of New York Railways Company
EHpioyeeS Is Delng distributed to the
public by conductors on the surface
cars, in which it is stated the financial
condition of the company is such it is
unable to meet a much needed in
crease in wages because of war condi-
tions unless It is permitted to charge
a six-cent fare. 1t is also stated that
the Board of Estimate and the Public
Service Commission have the power
TO grant this concession for the period
of the war, and the threat is made
that unless they receive better wages
the men will seek more remune-atiye
employment elswhre.
In labor circles the so-calied Broth
erhood" is looked upon as fake" la
Dor organization. company owned and
company controlled.