New-York tribune., 1919-08-30

issued by Commissioner Nixon. Pro-
ceed in this case and protect the In
terests of the travelling public with
the same energy you have in all other
matters"
The letter Of Commissioner Nixon
which provoked the foregoing was re-
garded at the City Hall as much an
defence Of the increased fare order.
Mr.. Nixon quoted the Quimby decision
to support his position, as the Mayor
had to attack it. The Mayors chief
point was that the order was illegal in
that it was in violation Of the contract
between the city and the trolley COM
pany, which called for five cent fare.
The quotation from the Quimby case
cited by Mr.. Nixon was:
There are times when the police
power modified a contract in spite of
the contention of those who con-
tracted."
The letter Of Commissioner Nixon. to
the Mayor follows:
THE receipt of your letter of this
date, relative to the adjustment Of
fares on the New York & North Shore
lines, is herewith acknowledged.
ut is felt that upon further inquiry
you will find that no overriding of the
Board of Estimate and Apportionment
Is evident.
Says Emergency Demanded Act
An emergency existed which re-
quired immediate action.
you will please note the following
In the Buffalo decision:
""There are times when the police
: TnI
the contention of those who con-
tracted.'
"If you have any doubt in your mind
as to my full power to grant the relief
given you have only to ask the Cor
poraton Counsel to bring the matter
before the proper tribunal for decision.
Certain definite duties were as
sumed with this Office, and while most
anxious to cooperate with you when
possible IN my work such duties can
not always be kept in line with an
opinion which you maintain as prece-
dent to any discussion.
"The safety, welfare and comfort of
the people, as well as property rights,
required such action as was taken.
You personally attended a meeting
in Flushing in June, 1918, where this
matter was brought to your attention
and where you failed to secure a sin
gle voice against the relief which this
community in public meeting sug-
gested.
Shutdown Was IMMINENT
"The operating company had not
money to buy coal for further opera
ton; the employees were clamoring for
pay equal to that given elsewhere for
similar service. In fact, stopping of
ian,
BILE. Possessing full powers in the
premises, could not permit this
calamity to fall upon the people of this
section of the city.
THAT some relief be afforded the
company was only incidental to the
broader purpose in view, which was to
prevent the serious inconvenience
which would be the inevitable result
of the discontinuance of this service.
School children, workingmen and
many who have built homes along the
lines would be compelled to walk long
distances to get to any means of trans
portation whatsoever and to pay rates
OF fare fixed by the Federal govern
ment greatly in excess of the rates al
lowed by the commissions order.
"A part of this same system, ex-
tending beyond the city limits, has,
under the order of the Public Service
Commission for the Second District,
d series of zone charges up to twenty
cents for single ride.
Suggests Legal Steps
"Tf you wish to take the responsible
ity of interfering with the rights and
comfort of the people it is your pre-
rogatlve to ask the courts to reverse
my order.
If public official, acting under ad-
vice of counsel and satisfied that a
certain line of action is necessary,
must be threatened with a review Of
his actions by the Governor by those
who do not agree with him, all in
dependence of action is destroyed
Rubber stamp officials cannot com
mand the respect and confidence CT
the public nor conserve their own self
respect.
ut is reported in the public press
that you intend to apply for rehear-
ing. Should this be done the request
will of course be granted. Every op-
portunity then will be afforded to show
in what respects this order is un-
wise, unjust or contrary to law.
And if it be shown to be unreason-
made will be modified as justice re-
quires"
This letter was in reply to the fol-
lowing, sent by the Mayor to Commits
soner Nixon:
"On August %, without auth ority of
law or even notice to the Board of
Estimate and Apportionment, you issued
an order wherein you attempted to
grant the New York & North Shore
Traction Company an increase in fare
from cents to 6, 7, 8, 8, 10 and II
cents according to the zone. This
order is in violation of the contract
obligation entered into between the
railroad company and the people of the