Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1918-04-12
TOGE WON'T SUMMON
Jersey LEGISLATURE
nsnies Request for Special
Session to Settle Fight on
Trolley Fares
80 PUBLIC NECESSITY
r,venor Says 1t Would Be Illogical
While Issue Is Pending
in Courts
Trenton. April 12.

eovernor Edge has denied the request
.S.,.oe Z, Record, of Jersey city,
.o,ate counsel for the New Jersey
,.,s of municipalities, in the fght
-..,rst the Public Service Railway Com
,or a seven-cent fare and transfer
for n special session of the
ehs,ature TO enact legislation nulli-
% recent decision of the New
ns,, supreme Court holding in effect
yelsS' contracts made between public
prs.,s and municipalities are repeal
W. ~, the state Board of Public Util-
~ auV commissioners. The Governor says
ny, a. Is apparent to him that a spe-
ui%' ...S session at this time Is unwise and
.si,s,i6ed and not in the public In
terest ,,,.,,,,,i,,, ,,os
..nt 10 Mr.. Record after the FORMER
"a received an opinion from l.. Edward
sIsrrmann. chief counsel of the Utility
commission, i'm which Hermann said
shat in his opinion no such emergency
s.Ists as would justify the executive
sA "onvening a special session Of the
Governors Letter
covernor EdCe. in his letter to Rec
ard says. in part:
,crhe netition of the Public Service
cornoration, and, as ] understand II,
ndlnons from varioCG other utility
ro1poratiom tosiclLing permission to
tncrssse rates and prices charged the
rnblic. is. as you state, now under
consideration by the Board of Public
rthty Commissioners, to which trlbu-
nal the Legislature has delegated juris-
dichon to regulate rates and to decide
A. 10 the rea sonableness Of petitions
with respect thereto.
( nIt lis my Judgment that your re-
ouest for lsgJIlativc action at this
time is premature. In the first place
while It Is true that the Supreme Court
decision In Collingswood Eewerge Com
pany vs. Collngswood would seem &c
hold that the Public Utilities Com
mission has power to increase rates
above the rate agreed upon au the
time of granting the municipal fran.
chlss II is equally true that the Court
Of Appeals of New York has, since thC
receipt Of your letter, reversed tho
New York Supreme Court decision hold.
nK the same conclusions. 1t Is rea,
sonable to assume that if a special ses
slon were called and the public utili.
ties act amended as you suggest on the
point of rate naturally ensue. which
would go through the courts to tho
court Of hast resort. Therefore, if tho
necessity for such amendment is later
apparent 1t W ould be very much better
Arst to known what the opinion of tho
highest court on the existing law Is
and then to have il as a guide for any
legislature considering, the subject
Illogical Pending Court Ruling
II am informed that the Collingswoot
case has already been appealed. Obvi'
oDsy, therefore, It would be illogical tc
call the Legislature in extraordinary ses.
son to amend an act now in our courts
! for final adjudication. My judgment
Is there can be no defense for an exec.
utive attempting to amend existing laws
while the courts Of the state are passing
Upon,them. Certainly, the executive de
partment could not justify such actor
upon what would seem to me to be al
entirely unwarranted presumption ,tha
the Public Utilities Commission viii
grant rate Increases. You. of course
understand that even the decision yOl
refer to rendered by the Supreme Cour
In no way affects the powers Of til,
Public Utility Commission TO refuse al
Increase in rates il the evidence befort
il 80 warrants
Counselor Hermann, in advising tn,
Governor against calling special ses
sion Of the Legislature, recites tina
the Utility Boards power over munic
ipal ordinances fixing rates has beel
Questioned in several suits. among then
the Atlantic Coast Railway Compan,
w the Public Utility Commission. nov
pending In the Court of Errors. Herr
mann asserts that the board has here
tofOre exercised jurisdiction in hNinl
rates and fares despite municipal Ordi
nances