The sun., 1919-07-20
HYLAN OPENS 2 CT.
TRANSFER FIGHT
Corporation Counsel Picks Ex-
perts to Outline Plan
Of Attack.

Mayor Hylan has instructed Corpora
ton Counsel Burr to do everything in his
power to overthrow the decision of Pub
lie Service Commissioner Nixon to per-
NIT the New York Railways Company
and the Brooklyn Rapid Transit Com
pany to charge cents for transfers.
The Corporation Counsel has assigned
several assistants to look up lines OF
attack. IN a statement yesterday the
Mayor called a transfer charge in effect
an increase Of fare.
When We stop to consider" he said,
that the Eighth Avenue Railroad Com
pany Is getting 26.5 per cent. on a capt.
talization of s1.000.000, the Twenty-third
Street Railroad Company 23.l3 per cent
on its capital stock. the Forty-second
Street and and Grand Street Railway
Company PA per cent on its capital
stock. and. other lines getting a large
return on their capitalization. then the
sympathizers with the transit corpora
lions are bold enough to tell us that the
poor transit lines are unable to make a
profit"
THE Corporation Counsel will take the
case to the highest courts in the State
and to the United States Supreme Court
IL possible in the fight to maintain the
peoples rights
Are Railroads Satisfied
Persons interested were wondering
| yesterday whether the railroads would
be satisfied with the increased revenue
that would come from the transfer
charge or would continue their fight for
straight six or seven cent fare. 1t Is
probable they will not press for a fare
| Increase until they have had chance
to see how the transfer plan works out.
In the opinion of Terence Farley.
counsel for the Public Service Commits
sion, the recent decision In Buffalo is
broad enough to cover an increased fare
on the surface lines here by the Public
| Service commission, because the inhibi-
| ton refers only to those lines operated
since 1875 under what are known as
constitutional consents granted by the
various municipalities. experimenting
what he had to say about the case sew
eral days ago he issued the following
| formal statement yesterday
at is the view OF counsel to the COM
mission that the opinion OF the Court Of
Appeals in the Buffalo street railroad
case. which was recently handed down.
| is sufficiently broad and comprehensive
| to cover the situation in New York city.
The court holds. In effect, that the Pub
! lice Service Commission is vested with
the power TO regulate rates of fare on
| all classes of railroads excepting those
| which are operated under municipal con-
sents granted pursuant to the provisions
of Article III, Section Is, OF the State
| Constitution.
The franchises of all, II not most. OF
the service lines of this city were granted
prior to 1875, when that provision was
added to our organic law.
Quimby Case Quoted.
That was the clause which was con-
| sidered by the Court of Appeals in the
| Quimby case, where, 10 quote Judge Car
| doza, II was held that in the absence OF
clear and definite language II would no,
| he assumed that the Legislature had au-
| thorized the Public Service Commission
Ito nullify conditions imposed by local
| authorities, whose consent to the econ.
structIon and operation OF a street rail-
road was required by the Constitution"
| Brooklyn travellers will be more Sc
riously affected by the withdrawal OF
free transfers than those in Manhattan
because here the island is long and mar.
row with service up and down Its entire
! length by number Of subway and ele-
waited trunks. Brooklyn sprawls all over
the map, and a majority OF the travel
lers in getting from one place to another
have been in the habit Of using trans
| fers.
One OF the great sources OF con-
venience has been the transfer privilege
between surface lines and elevated lineI
at few important points. This has beer
a voluntary privilege. over which thu
Public Service Commission had no con-
troll. There was much speculation as tc
whether a charge would be made fol
transfers at these points.
In his original plea for two cen
transfers Col. Timothy l.. Williams
president of the B. r. T., estimated tina
they would bring additional revenue 4
the amount of sl.500,000,.