The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-09-09
COURT WRIT HALTS
QUEENS FARE RAISE
Nixon Appeals to Hylan for
Conference to Settle Trac-
ton Trouble.
FAv0Rs FLEXIBLE FARES
Burr Accuses Commissioner of
Inconsistency in His Zone
Rate Decision.

Corporation Counsel william P. Burr
obtained late yesterday AFTERNOON from
Supreme Court Justice Wagner an ex
parte order directing Public Service
Commissioner Nixon to show cause why
a writ of prohibition should not be is
sued compelling him to refrain from
doing anything further In the applica-
ton of the Manhattan and Queens Trac-
ton Corporation for permission to charge
an increased fare under the zone system.
The order, which is returnable at 10
o'clock on Friday, includes also William
r. Begg and Arthur C. Hume, receivers
of the traction company.
This order was obtained after Com
missioner Nixon had sent letter to
Mayor Hylan asking him to cease bicker-
ing and to CALI conference TO see what
could be done toward a settlement of the
financial difficulties in which the traction
companies find themselves. Commits
Stoned Nixon ventured the hope that out
of such conference might come a set
Element such as he suggested some time
ago, the abolition of all holding COM
panies. the dwelling of all leases and
the fixing of a flexible fare system.
Peter J.. Brady, as secretary of the
Non-partisan Vigilance Committee, is
sued what was termed a reply to the
statement of Judge Julius NJ. Mayer Of
the Federal Court. He declared that
the Judges Statement on the financial
condition of the traction lines amounted
to an open invitation to the Public Ser
vcie Commissioner to usurp again the
power of the city authorities by order
ing an increased fare.
Calling attention to the increase in
the price of the shares of the Brooklyn
Rapid Transit Company, the INTERIOR
ough Rapid Transit Company and the
Third Avenue Railroad Company on the
floor Of the Stock Exchange on Friday.
Mr.. Brady professed to believe there
of Judge Mayer.
Mr.. Brady tried to make light of tho
report of Stone & Webster indicating
the poor financial condition of the tram
sit lines.
Nixon Asks HyIan for Conference.
In his letter to the Mayor Commits
sioner Nixon said:
my. earnest hope was that this acute
condition could DE put off till after the
end of the year, but the Increase of
wages has precipitated matters and the
problem must be faced and n solution
found without delay.
Increasing and crushing debts cam
not be dissipated by calling them the
result of conspiracies or plots. Much
study has been given to this question.
The damage done already is through at
tempting to regulate conditions that
were refused recognition.
THE disclosures made were doubtless
already known to you and your ad-
II .lzaN
would voluntarily arrange for a dts
cussion with all parties at interest,
Further drifting will not mend mat
tiers, but will still further jeopardize the
integrity of the equipment, demoralize
the organization and very vitality affect
the city's credit To say that these
various systems should be turned over
to the city Government is simply to
beg the question.
We'll you not with an open mind call
conference that will be of so earnest
character that all phases OF the situa-
ton may be recognized and a satisfac-
tory solution arrived at?
This crisis has been drifting down
upon the city for some time. Such
efforts as I have made to bring 1t more
strongly to your attention have been
| received In a spirit of antagonism and
insinuation most unfair. Not even an
apr diSdl tHdt WOulu De unQueStlOneu
from any quarter has ben made, al
though it should be at hand now as no
one could say that full warning Of it's
necessity has not been given"
order Sets Forth Contract.
The public hearing on the Manhattan
and Queen corporation application,
which was called by the Public Ser
vice Commissioner for this morning, is
held up by the order by Justice Wagner.
In an affidavit Corporation Counsel Burr
sets forth the terms of the contract
existing between the traction corporation
and the city by which it Is agreed that
the rate of fare shall be cents for a
continuous ride on Its lines.
Supplementing bis affidavit, the Cor
poration Counsel made the following
statement.
IF Commissioner Nixons claim to
possess power to increase fares and thus
| change municipal contracts with the
railways is sound, 1t would follow that
| the city Is poweTless in the matter, Com
| missioner NiXon's recent letter to the
| Mayor asking that the city take action
to relieve the present situation is in
consistent with his claim to have power
| to increase the fares. He has no such
power and his claim is not valic in law.
| 1t only adds the present difficulties
| surrounding the traction problem.
Federal Judge Mayer announces that
| Stone & Webster are about ready to sub
NIT their complete reports upon all the
companies now in the hands of receivers
| in the Federal courts. This is important
This is what the city urged should be
done in the beginning of the receiver
ships To adjust or reform the traction
systems OF New York we must first as
certain their true conditions and then
have an honest rock bottom basis TO
build on. When this foundation is
reached the city will undertake to bring
about a solution of the problem which
| will be in the interest OF the people and
at the same time protect the Just de-
mands OF the companies"
Mr. Burr called attention to the appli-
cation made last September by the re-
ceivers of the Manhattan and Queens
corporation before the United States
District Court for the Eastern District OF
| New York for authority to charge a
seven cent fare. This application was
denied by Judge Chatfield on the ground
that the company was bound to comply
with the terms of its franchise contract
| with the city.
A radical change in opinion was as
suribed to Commissioner Nixon by Cor
poration Counsel Burr. He said that
| at the recent hearing in Washington be-
| fore the Federal Electric Railway Com
mission the Commissioner testified that
the fares could not be increased through
the zone system because OF the existing
contracts and franchises between the
city and the railroad companies. Not
/ he via