New-York tribune., 1919-08-30

City Of New York and against the law.
"The contract provides the rate Of
fare for any passenger upon such rail
way shall not exceed five 90 cents, and
the company shall not charge anv pas
senger more than five (5) cents for one
continuous ride from any point on said
railway, or a line or branch operated
in connection Herewith, to any point
thereto, or on any connecting line or
branch thereto, within the limits of
the city
"The Court of Appeals. the highest
court in this state, IN the matter Of
Quimby against the Public Service
Commission on an application of street
railways TO have fare raised from to
6 cents in the city of Rochester held
that the
"'Public Service Commission has no
authority to hear and determine such
application when contract between city
and railway provides that only FIVE 90
cents fare may be charged
Case Still in Courts
"As you we'll know, an application
has been made to the Court Of Appeals
for reargument of this decision.
which motion is set down for hearing
on September 90. The evident purpose
of endeavoring to secure a reargum en- :
of this case is to secure, if possible. a
reversal of its former decision in the
Quimby case, which denies the right
of the Public Service Commission TO in
crease fares
your deputy commissioner, Alfred
E. Barrett, held a meeting on the 23d
day of August, 1919, on an application
Of the New York and North Shore
Traction Company, and the deputy
"a n or
will show, as follows:
"'We will adjourn this hearing sub
ject to the call of the commission
"Evidently your commission recon
vened this meeting and issued the or
der for an increase of fare without
notice to the City of New York. whom
you knew to be vitally Interested
party.
"In defiance of the law you nave
ordered change in the terms of the
contract between the people of the
Shore Traction Company, notwith-
standing the ruling Of the Court of
Appeals that your commission has no
power to raise fares. Should the or
der issued by you increasing fares
be permitted to stand. nothing would
prevent you from issuing orders in
creasing the fare to 8, 10 or 10 cents
on the other lines in the city which are
now held by contract to rve-cent
fare with the people.
"Reverses Commission Decision
"On January 10, 1918, an application
was made by the same company to the
Public Service Commission for an in
crease in fares. This application was
denied and the commission held.
that the rule. better supported by
reason and authority, vests the com
mission with no power to sanction or
put in effect seven (7)-cent rate on
the lines of the petitioner in the alb
sence of proof of consenting action of
the city authorities E.
Your action has reversed this de-
cision of the commission.
"The Board of Estimate and Appor-
tionment, the directly elected repre-
sentatives Of the people, refused to
grant this increase IN fare prior to the
TIME you took this action. You have,
likewise, overridden the action of the
Board of Estimate and Apportionment.
Il therefore call your attention 20
the fact that you have issued an order
by which you are attempting TO in
crease the fare of the New York &
North Shore Traction Company within
the city limits of New York without
and Apportionmcnt.
THAT you assumed an authority that
was not vested in you by law, in that
you made an order attempting to vio-
late the terms and provisions Of a
contract entered into between the New
York e. North Shore Traction Com
pany and the municipality of the City
of New York;
THAT you illegally and in deroge-
tion of the rights of the people of the
City of New York attempted to over
ride the action OF the Board Of Esti-
mate and Apportionment Of the City of
New York without authority of law;
THAT you have taken such action
in direct opposition to a ruling Of the
Court of Appeals of the State Of New
York to the effect tha. the commission
has no power to raise fares.
"As Mayor of the City Of New York
| request you to revoke and set aside
this order for the reasons above set
forth. If this request made by me as
Mayor. acting for the people Of the
City of New York. is not complied
with shall feel that l would be remss
IN my duty TO the people of the City
of New York if l did not Immediately
call your action to the attention of the
Governor of the State Of New York. -
'Not Seeking Precedent"
While Commissioner Nixon was
framing his reply to the Mayors let
ter to him he issued a statement in
whic- he said;
"As to discourtesy, we are never
discou:teous in this Office. We leave
that 80 our critics"
The.. he added: "Of course there
has been no desire TO establish
precedents. They are not needed
we have definite powers and our duties