The sun., 1919-09-07
HYLAN SEEKS FARE
EVIDENCE OF NIXON
ouestions Commissioner to
Get Facts for Writ of Pro-
hibition Plea.
PROBE RATE RAISE PLAN
Action Over Application for
Increase Causes Con-
trOversy.
PROBE RATE RAISE PLAN

=. o-der TO get evidence upon which to
an application to the courts for a
Vi of prohibition to prevent Lewis
VII VII, public Service Commissioner.
W., granting the application of the
, IN and Queens Traction Corpo-
s,, for an increased fare. Mayor
ursn Yesterday addressed a letter to
~ commissioner in which he asked him
ma following questions:
srs Il YOUR intention to entertain the
..,lication of this company for an In
saose NJ fare and consequent modfflca-
,on Of its contract with the city?
Tf after the public hearing referred
4, IN vo6r letter, you conclude that the
s,sncial condition of the company needs
nn Increase in fare, Is It your intention
"a order and authorize such increase,
notwithstanding its contract with the
INV for a five cent fare2
mo YOU claim the legal right to mod
Nv and change existing city franchise
contracts with the railways by increds-
,ny the rate of fare provided for in such
contracts without the consent of the city
authorities?''
Nixon's Attitude barred.
The Mayor said he wants to clear up
A
publjo caused by the declaration of Com
missioner Nixon that he had sent the APP
nlIcation of the transit company to the
BOARD of Estimate, giving the impression
that he (the COMMISSIONER would do
nothing right away. but give the Board
az Estimate chance to settle this prob
lem.
II think the time has arrived" wrote
the Mayor, when the power Of the Pub
lie Service Commission to change or alb
rogate the city railway franchises
should be raised and determined in the
courts and ] have asked these plain
questions to obtain definite answers, so
that il necessary l may cause a writ of
prohibition to be obtained by the Cor
poration Counsel restraining you from in
any way attempting to increase the rate
Of fare covenanted and agreed upon in a
duly executed contract between the peo-
pie OF the city of New York and the rail-
way companies"
The Mayor started his communication
with the statement that he was in re-
ceipt Of the letter from Commissioner
Nixon enclosing the application of the
Manhattan Traction Corporation for an
increased fare and saying:~
"This is sent for the information of
the Board of Estimate. The usual pub
lie hearing will be held"
Then the Mayor quoted the public
statement Of the Commissioner that he
thought II would be an object lesson
in efficient han. sling of a difficult sit
uation to let the sfayor take up the
Manhattan and Queens problem.
Mayor Makes Accusations.
And then the Mayor indirectly ac-
cused the Commissioner of misleading
statements, writing:
"As you are well aware. the Mayor
has no authority to change the contract
with the company. That contract can
only be changed and the fare increased
by and with the consent of the city
acting through the Board of Estimate
and Apportionment.
THE statement you gave to the press
would seem to indicate that you had
turned the whole matter over to the
Board of Estimate, while your letter
10 me announces that you intend to hold
public hearing on the company's posi-
ton as basis for action"
An immediate reply was asked from
the Commissioner, as the Mayor is
anxious to get his writ OF prohibition
in time to restrain him from taking the
same action that he did in the transfer
cases and the North Shore case.