The evening world. [volume] (New York, N.Y.) 1887-1931, 1919-08-30
HYLAN SAYS NIXON DEFTED LAW IN RAISING FARE IN G

mean the Interborough and the D.
n r. though he doesn't say 20.
Commissioner Nixon said that his
letter to the Mayor covered all
phases OF the issue raised by the
latter. Commissioner Nixon said
matters were working out to the gcn-
egal satisfaction OF the people OF
Flushing and vicinity. He then
added;
Yesterday called particular at
tontion TO the fact that the net work
Of railways was cut across BY the
oity line. As all outside OF this line
Eea subject 70 zone fares, the logical
soIftion was 10 apply similar charges
- ne lines within the city.
The system affected IN unrelated
u ere great traction systems Of the
ront OF tho city and no precedent could
arise from the giving OF relief 20 th.s
independent system. The cars On
thaa system are running and they
would have been shut down unless
the Commission had acted"
Commissioner Nixon declined TO
discuss the legal phases of the con-
troversy, declaring he was no lawyer.
II "a aald he has written a letter TO
Gov. smith.
DECLARES THAT NIXON HAS
-pEFlEp THE LAW"
Declaring IN a letter 10 Corporation
Counsel Burr that Mr.. Nixon had pro
seeded in defiance OF law. as authori-
tatively ana finally construed by the
highest court in the State" in In
creaslng fares on tho North shore
Tine. Mayor Hylan added:
'TIis action would seem TO be In
violation OF tho provisions OF the
Penal Law of this State. and In par
tleular section i.sss. which. In 20 Ear
~ pertinent reads:
San ofiicer 'swho wilfully
disobeys any provision OF law regu-
lnting his omciai cofiduct is
guilty OF q niisdcmeanor punishable
~ a me not exceeding $1,000. or Inn
prisonment not exceeding two years.
or both"
Mayor HyIan also called Corpora
ai1n Counsel Burr's attention 70 sec
kiop IS Of tho Public Service Law.
prohibiting . street railroad corpora
kion 20 charge a fare Fin excess OF the
amount allowed by law" saying that
for every violation OF this the city
could enforce a penalty OF 5000.
FIvE.cENT FARE 10 PART OF
ITs FRANCHISE.
Tho provision OF this franchise"
continued Mr. Hylan's letter TO Mr..
Burr, las 10 the rate Of fare, wa:ch
is . cents, Il well known TO the New
York ana North Shore Traction Com
pany and its officers and dlrectors.
and any increase by order Of Com
missionei Nixon clearly ap.. SArS TO
be In violation OF section 5e Of the
Public Service Law.
Equally plain Ia the language OF
section 20 OF the Public Service Law.
which, In erect. provides that an or
der OF the Public Service Commission
shall not be valid or effective II
'suoh order be unauthorized BY ithS
Public Service Law
'-rhs New York and North Shore
Traction Company and Its directors
and ofhcerB must. therefore, know
that Commissioner Nixon's order -
void. and confers no real authority
upon them 10 charge moro than a
scent fare. and IL they charge moe
than a scent fare. they do 30 az their
peril. as the acts OF any officer or
agent OF the company In furtherance
Of a void order OF this kind. pun
ishable as a misdemeanor. are direct.
iy applicable.
Immediate action should be taken
in order to protect the people living
In all parts OF the city from being
imposed upon by unauthorized tae'
increases through n similar usurpa.
tion OF power and disrogard OF law.
II request that you give notice :.
the company Immediately not TO In
crease fares over those lines undoi
the order Issued by Commissions
Nixon. Proceed Ia this case and pro-
toct the interests of the travelling
public with the same energy you hav'
IN other mattera."
The Mayors contention that Mr.
Nixon defied law In granting 9
higher fare was based on the 30
called ouimby decision OF the court
Of Appeals. rendered In April. 1918
This, In effect. said that whore IN,
. transit company operated under
contract with n municipality whiol
fixed the fare to be charged, the Pub
lie Service Commission could not In
rraaa0 the fare.