New-York tribune., 1919-04-20
Fiehth and Ninth Avenue
Lines Ask Federal Court
to Declare Agreements
With City Terminated
Action Sought as Test
Counsel for Municipality
and Public Service Com
mission to Fight the Plan
Anew move TO exact increased stree

Anew n owe 70 exact increased street
ear fares from New Workers. through
sbrocation os free transfers was
s5rung by the Eighth and Ninth ave
nue. companies Yesterday. The plan
proposes, through court action, to ter
inmate the agreement between the city
and those lines under which transfers
are given, and the establishment there
sfter Of o flat five-cent rate all over
New York The effect of this, OF
course, would he TO compel New York
ers in many cases 10 pay ten or fl
teen cents for rides which under the
transfer system cost only q nicklc
A long legal battle, it IS declared,
will precede the success Of any such
effort. Under the terms of the agree
rent, moreover the Public Service
Commission, according TO Corporation
Counsel Burr, can held the companies
to the agreement until some other sys-
TEN is devised TO protect the public.
Nevertheless, inquiry develops that
means 10 abolish transfers, at least
temporarily, would be afforded by In
ducing the Federal Court, under which
etc the New York Railways Company,
to name separate receivers for each Of
the lines Of which the corporation is
composed 1t vas suggested that in
that contingency the separate receiv-
ers might claim the right 10 operate
each company separately, and thus
abrogate the present tree transfer ar
rangements.
Suit To Be Test Case
Yesterdays action was begun only
by the two companies named. 1t is
understood that every other company
included II the agreement with the
city viii follow suit, however, in the
event OF q favorable decision.
The move made by the Eighth and
Ninth avenue lines, which are owned
by the same interests but operated sep
arately, takes the form Of & suit in
equity fled before Judge julius NJ.
Mayer in the United States District
Court to abrognte their agreements
with the city. Increased cost Of opera
ton is advanced as the reason. Judge
Mayer fixed tomorrow afternoon at
4:S0 O'Clock to hear the motion. At
that time tne city. through the Cor
poration Counsel. Will be heard in op-
position 10 the plan, and II IS under
stood the Public Service Commission
also will be represented.
Public Service Commissioner Whit
rey declared Yesterday there was no
reason COR immediate concern over the
move. Formal notification Of the fling
Of the motion was served upon him by
The Corporation Counsel in a letter in
which the whole siruzt On IS set forth.
Character OF Action Stated
The Corporation Counsel's letter, to-
gather with the provisions OF the agree
nert under which the free transfer
privilege is protected, follows:
Dear sir: Desire 10 call 10 your atten-
ton that the Eighth Avenue Railroad
Company and the Fourth Avenue Rail
titionc in the United States District
Court Z the pending suit of the Amer
lean Ar Brake Shoe and Foundry Com
pany, IN which Air. Job T. Hedges has
been appointed receiver
Each Of these petitions contains the
prayer tnat the court direct the re
ceiver Of the New York Railways Com
pany 20 discontinue the use of peti-
toners said railroads, rights, priv
ileges, franchises and other properties
IN said indenture or agreement de-
scri5ed ana to return, surrender and
deliver to petitioner possession Of the
same.
"Consisteutly with the city's conten-
lion before the United States District
Court and before your commission,
discOntinuance of operation thus
prayed for-thus involving the abro-
cation Of existing transfer privileges
in favor o. the publc-cannot law
July be effected by order of the United
States District Court 70 its receiver.
City TO BE Heard
NY purpose in writing this letter
to you IS 10 request tnat n case either
the receiver Of the New York Rail
ways Company or either Of the lessor
companies, apply 70 the commission for
Ns order prescribing achange in the
existing situation, yoo Will give me the
opportunity to be heard on behalf Of
the city
III is furthermore my intention to
oppose the granting Of these petitions
oa their return day next Monday.
In case you go desire I WI gladly
cooperate with counsel Of the commis-
sion in opposing this attempt at the
d'sinresre.lon OF the New York rail
way system.
Your very truly,
civilian F. BURR,
"CorpOration Counsel" "