New-York tribune., 1919-12-29

reasonable reserve fund to provide
for the payment Of damages for
death or injury caused by the neg
ligence of operating companies, so
as reasonably to safeguard those
affected against the insolvency Of
such companies.
II. All parties to the arrangement
to accept the principle that any
permanent plan is to provide for
flexible fare, which would always be
large enough to provide the agreed
minimum return upon what may f.
nally be agreed upon as the invest
ment entitled to protection or as the
compensation to be paid, and which
would be as much higher as the city
authorities may from time to time
determine in order to provide for the
return Cincluding the annual con-
trlbution toward the various amor
tizaton funds), to which the city will
be entitled under the revised ar
rangements. In other words, the
city should be free to determine how
far it will collect the interest upon
its investment of about $31O,00O,OOO
in rapid transit lines from passengers
by fares instead of by taxes.
Temporary Relief to Protect City
~ ouH!ihdeioiA, JuuSc MdSIee con
cludes:
Even without an agreement in ad
vance upon any of the fundamental.
of permanent plan, the plan for tenn
porary relife seems to protect the in
terests OF the city, the public and the
investors, and it is hoped present:
these advantages:
l. Pending further discussion, it
keeps the subway and elevated lines
of Manhattan together If it should
ultimately be determined that the
Manhattan lease should not be con-
tinued, nothing will have been lost
except the} rentals paid during the
temporary arrangement.
2. Provision will be made whereby
the city, without any commitment
on It's part except for temporary
increase in fare, will have an oppor-
tunity of securing such concessions
and advantages as it may fairly
claim as the condition Of its con-
sent to revise existing contracts and
franchises
3. The public will be saved from
the consequences Of furthr disnt-
grafton of the traction system and
Will at once secure the principal ad-
vantages to which they are entitled
as condition OF increased income.
Provision for Wreck Claims
4. In law the persons who have
CLAIMS resulting from death or in
jury due to negligence cannot be paid
prior to the bondholders. AS the re-
suit of the Malbone Street tunnel
accident and other cases there are
many instances of pitiable hardship
1t could readily be made a lawful
condition of granting temporary
increased fare that some provis on
be made for these accident claims,
thus according some measure of
prompt relief to those who have suf-
fercd through no fault of their own.
that an eight-cent fare is necessary TO
some time, it may be that by July /
1920, lower rate Will suffice The re
cent increase in the volume Of busi
ness of the lnterborough and Brooklyn
Rapid Transit lines, if continued, ma,
present a more hopeful prospect thai
now exists, although not so much cal
be said for the surface lines.
1T must be understood that tn,
court has no authority to speak 70
any one but itself and its receivers
Some of the propositions advanced 70
final solution may not receive the sup
pOlt VI al lllc COIDOIdllOuS or SccUrlN'
holders. But the court is contlden
that there will be no difficulty in bring
ing about the consent of all affected I,
the plan for temporary solution, an,
the court is equally confident tha
there will be every desire on the par
Of all concerned to confer and discus
the problem with the public official
with an earnest purpose to cooperat
with them in its solution and to max
every reasonable concession to tha
end
Board Asked to Act
"Finally. it is earnestly hoped tha
the Board of Estimate and Apportion
ment Will promptly take up the con
sideration of the whole situation, tenn
porary and permanent.
ATTEMPTS at conference have thu
far failed, but no formal application
has been made to the board. In orde
TO avoid any understanding as t
procedure, the receivers and the trus
tee and their counsel are instructed T
present in proper form request t.
the Board of Estimate and Apportion
ment for public hearing and for tn
cons liberation in such manner as tn
board may deem proper of plans 70
temporary relief and final solution
The court has no pride of opinion
The suggestions made are open to tn
fullest debate and deliberation The
may be accepted, modified or rejected
but thew a least deserve con dp ra ior7