Palisadian. [volume] (Cliffside Park, N.J.) 1906-current, 1919-12-06
SEVEN CENTS FARE ON SUNDAY
ASSOCIATED MUNICIPALITIES TO
CONTINUE FIGHT FOR five CENTS
Frank H. Sommer, Dean of New York University Law
School, Issues Statement Charging Utilities Board
With Wrong Rulings in Issuing Orders Regulating
Fares.
FIGHT MAY BE LONG DRAWN OUT

Notwithstanding the statements
made by the Public Service that it is
absolutely necessary to have a greater
source of income and the order that
has been issued to again put the sew
en- cent fare into operation, there
does not seem to be any rest in the
case The trolley matter is always in
state of hot water.
The latest effort to soak the com
pany is through a charge that is to be
made by Frank H. Sommer, dean of
the New York University Law School.
SOmmer represents the associated mu-
inequalities, and he seeks to restrain
the Public Service from eXacting more
than a five cent fare, claiming that
anything above cents is illegal. In
statement made last Wednesday he
said:
at is my judgment that the action
of the commission can be successfully
attacked in the COURTS" Mr. Som
mer said Later he intimated that an
appeal to the legislature rather than
legal steps might be decided on. He
said:
GAS soon as I receive an official copy
of the action of the commission | will
take up with the representatives of
the associated municipalities the ques-,
+ ton of future steps. $ lis my judg-
ment that the action of the commits
sion can be successfully attacked in
the courts. The powers of the COM
mission are wholly statutory. l can
find no authority in the statutes for
the action taken by it.
''The authority of the commission
is to make an order fixing just and
reasonable rates after hearing upon
notice. 1t possesses no other powers.
The commission has not determined
that the rate which is to go into effect
is lust and reasonable 1t carefully
refrains from making such determina-
ton and apparently takes the position
that it cannot determine whether such
rate is or is not just and reasonable
until the conclusion of the proceeding
in which a valuation of the company's
property is being attempted to be ar
rived at.
apparently the commission has
made no order but once more re-
sorted to the device of report to
escape the operation of the statute
respecting an order. The statute pro-
yides that an order increasing exist
ing rates cannot go into effect within
80 DAYS after the date thereof.
again, reasonable notice of the
hearing was not given to the repre-
sentatives of the municipalities affect
ed. The entire proceeding has been
based upon the theory that the com
pany may put into effect at any time
any increased rates 1t may desire,
leaving to the commission merely the
power to suspend the increase for not
more than three months pending hear
ing.
at is also based upon the theory
that the burden of proving the justice
and reasOnablenesS of an increase in
rates is not upon the company, but
upon those contesting the increase"
Commenting on this statement, an
official said:
"The Public Service is having its
trials. Any man OF fair mind must
concede it something. 1t has been I'M
der large increase in upkeep and labor
charges. If the Utility Board cannot
regulate fares, I wonder what it is
intended for?"