New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1919-07-20
Hylan Orders
Finish Fight in
Transfer Case
Burr Directed to Go Through
U. S. Supreme Court in
Contesting Nixon's Order
for Two-Cent Charge

Mayor Hylan announced yesterday
that he had instructed the city's legal
department to begin al once a fight
missioner Nixon permitting the New
| York Railways Company and the B. r.
I. to charge two cents for transfers.
The Mayor says he has directed Cor
poration Counsel Burr to do every
thing in his power to prevent the carry
ing out of the plan and to take the
case, if necessary, to the highest courts.
His statement follows:
81 have directed the Corporation
Counsel to do everything in his power
to stay the transit corporations in
their campaign to secure an increased
fare by charging for transfers.
Points to Returns
"When we stop to consider that the
Eighth Avenue Railroad Company is
getting 26.5 per cent on a capitalza-
Street Railroad Company 2913 per
cent on its capital stock, the Forty
second and Grand Street Railway
Company PA per cent on it's capital
stock and other lines getting a large
return on their capitalization, then the
sympathizers with the transit corpora
tions 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, if possible, in the fight to main
tain the peoples rights"
At City Hall and in Public Service
Commission circles there is only one
Interpretation of the action of Com
missioner Nixon and the opposition ex-
pressed by Mayor Hylan, and that is
that it is the beginning of battle be-
tween Governor Smith, backed by
Charles F. Murphy and the Tammany
organization, and Mayor Hylan, backed
by William R. Hearst and such other
independent factors as may be attract
ed by the coming melee. Where it will
lyn organization not even Mr.. McCooey,
according to his friends last night,
knows at this time.
Cost Problematical
The cost to the travelling public of
having to pay for transfers is some-
what problematical, but it can be
judged to some extent by the figures
submitted to the Legislature this year
for 1918, covering the operation of the
local street railroads. The total num-
ber of fares collected upon the street
railway lines for the year 1918, which
does not include the steam transporta-
tion lines, was ,975 ,482,316, as against
l,9l8,812,226 for 1917. The amount
paid to the several companies in fares
was 1894 ,225, an increase of $685.
3O9, or per cent. The payment for
street railroad transportation is equiv
alent to about Sl7.75 per capita
Recently in an argument before the
Public Service Commission Colonel 7.
S. Williams, president of the b. r. t.,
estimated that about S1,500,00O would
| be added to the income of his company
annually by imposing a charge of 2
cents for transfers.
Applies Buffalo Decision
m reply to a request for his opinion
as to the effect of the recent Buffalo
fare decision by the Court of Appeals,
Terence Farley, counsel to the Public
Service Commission, said yesterdays:
ut is the view Of the counsel to the
commission that the opinion of the
Court of Appeals in the Buffalo street
handed down is sufficiently broad and
comprehensive to cover the situation
in New York City The court holds in
effect, that the Public Service Commits
sion is vested with the power to regu-
late rates Of fare on all classes Of
railroads excepting those which are op-
Grated under municipal consents grant
ed pursuant to the provisions of Article
III, Section 18, of the state constitu-
ton.
"The franchises Of most, il not all,
Of the service lines Of this city we're
granted prior to 1875, when that pro-
vision was added TO our organic law.
"That was the clause which was con-
sidercd by the Court Of Appeals in the
Quimby case, where, to quote Judge
Cardoza, IL WAS held that in the alb
scncc Of "clcar and definite" language
IL would not be assumed that the Leg
isIature had authorized the Public Sor-
vice Commissjon to nullify conditions
imposed by local authorities whose con-
sent TO the construction and operation
of a street railroad way required by
the constitutional