New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1919-04-20
Eighth and Ninth Avenue
Lines Ask Federal Court
to Declare Agreements
With City Terminated
Action Sought as Test
Counsel for Municipality
and Public Service Com
mission to Fight the Plan
Anew move TO exact increased stree

Anew n owe 70 exact increased street
ear fares from New Workers. through
sbrocation e. free transfers was
Strung by the Eighth and Ninth ave
nue. companies Yesterday. The plan
proposes, through court action, to ter
inmate the agreement between the city
and those lines under which transfers
are given, and the establishment there
after Of o flat five-cent rate all over
New York The effect OF this, OF
course, would he TO compel New York
ers in many cases 10 pay ten or fl
teen cents for rides which under the
transfer system cost only q nicklc
A long legal battle, it IS declared,
will precede the success Of any such
effort. Under the terms of the agree
rent, moreover the Public Service
Commission, according TO Corporation
Counsel Burr, can held the companies
to the agreement until some other sys-
TEN is devised TO protect the public.
Nevertheless, inquiry develops that
means 10 abolish transfers, at least
temporarily, would be afforded by In
ducing the Federal Court, under which
etc the New York Railways Company,
to name separate receivers for each Of
the lines Of which the corporation is
composed 1t vas suggested that in
that contingency the separate receiv-
ers might claim the right 10 operate
each company separately, and thus
abrogate the present tree transfer ar
engagements.
Suit To Be Test Case
Yesterdays action was begun only
BY the two companies named. 1t is
understood that every other company
included II the agreement with the
city viii follow suit, however, in the
event OF q favorable decision.
The move made by the Eighth and
Ninth avenue lines, which are owned
by the same interests but operated sep
arately, takes the form Of & suit in
equity fled before Judge julius NJ.
Mayer in the United States District
Court to abrognte their agreements
with the city. Increased cost Of opera
ton is advanced as the reason. Judge
Mayer fixed tomorrow afternoon at
1880 O'Clock to hear the motion. At
that time Inc city. through the Cor
poration Counsel. Will be heard in OPP
position 10 the plan, and II IS under
stood the Public Service Commission
also will be represented.
Public Service Commissioner Whit
rey declared Yesterday there was no
reason COR immediate concern over the
move. Formal notification Of the fling
Of the motion was served upon him by
The Corporation Counsel in a letter in
which the whole siruzt On IS set forth.
Character OF Action Stated
The Corporation Counsel's letter, to-
gather with the provisions OF the agree
merit under which the free transfer
privilege is protected, follows:
Dear sir: Desire 10 call 10 your atten-
ton that the Eighth Avenue Railroad
Company and the Fourth Avenue Rail
titionc in the United States District
Court Z the pending suit of the Amer
lean Ar Brake Shoe and Foundry Com
pany, IN which Air. Job T. Hedges has
been appointed receiver
Each Of these petitions contains the
prayer that the court direct the re
ceiver Of the New York Railways Com
pany 20 discontinue the use of petit
toners said railroads, rights, priv
ileges, franchises and other properties
IN said indenture or agreement de-
scri5ed ana to return, surrender and
deliver to petitioner possession Of the
same.
Consistently with the city's conten-
lion before the United States District
Court and before your commission,
disc0ntiaaance of operation thus
prayed for-thus involving the abro-
cation Of existing transfer privileges
N favor o. the pubic-cannot law
fully be effected By order of the United
States District Court 70 It's receiver.
City TO BE Heard