New-York tribune., 1919-08-30
Hy1an Hints
NixOn's Act
W as Crime
Continued from page 1

Hlxon \ Anx?, has exceeded his power. In
;npt,i, 1919, the Court of Appeals held
1;o III 'ue matter of Quimby that the Pub
clo4h le hbeiVlce Commission had not been
etotneo with power to grant increases
or 1are fixed in franchise contracts ar5
III the more recent case of the Inter
1alional Railway Company of Buffalo
uec,oeo July 10, 1919, the Court of An.
pea's solemnly reaffirmed this doctrine
Admitted Lack of Powern
~, I'm the opinion which Comm;ss;oror
Nixon rendered accompanvino ~ s'ne !
der OF July Is, 1919, auth orizinp +uo
sent E: transfer charge, Commissioner ~
nixon IN substance stated that he con-
sIuered charge for transfer wholly
unreasonable under ordinary circur =.
stances, but that he was comnelIad -
make an order of that kind for ~ .
reason that be had no power. without
consent of the city, to grant Aat in.
creases of fare. ''A' III
~: ny issuing this order Commissioners
SlNon mas proceeded in defiance Of the
Jaw as authorltatively and finallv CON-
strueo by the highest court Of The
sSa'e; lie has made an order which
Lne court OF Appeals has solemnlv h old
ne - "lthout power to make, notwith h.
seanuIng MS admission in the transfer
case that he had no power tn nato =
nat increase of fare. ="
In my judgment it is in+o,oroh,.
that public official should assnn,a % ote -
issue an order affecting the riob+s 'e anJ "
lh1erests of the people of the citv in
;uelloerate disregard of the law. Moth.
ing IS more calculated to breed disre-
sPect OF law and to ENCOURAGE d;sordor
than when public official thus usurns
power and violates the law which gov
erns his powers and duties.
Quotes Penal Law
his action would seem to he in vio-
iation OF the provisions of the penal
law OF this state, and in particuJar r
Section 1856, which in so far as nert;-
nent reads:
"'An officer who w;lfu11~,
edisobeys any provision of law reeu-
latlng his official conduct ia
guilty OF misdemeanor, punishable
by a tine not exceeding $1,000, or
imprisonment not exceeding two
years, or both
| hereby request you to consider if
more summary action cannot be taken
TO protect the public against this un-
ia"1uI order. | call to your attention
that under Section 26 of the Public
Service Commissions law any charge
made by street railroad corporation
IN excess of the mount allowed bv law
is prohibited. You also will note that
under Section 56 Of the Public Service
law any street railroad corporation
which violates any provision of the
public. service law shall forfeit to the
people of the State of New York not to
exceed the sum of $4,000 for each and
every offence.
"You will also note that Section sc
of the public service law further pro-
vides:
"'Every officer and agents of any
such common carrier or corporation
who shall violate, procure, aid or
abet any violation by such common
carrier or corporation of any pro-
vision of this act, or who
procures, aids or abets any such
failure to obey, observe and comply
with any such provision
shall be guilty of a misdemeanor.'
"The provision of this franchise as
to the rate of fare, which is five cents
North Shore Traction Company and its
officers and directors. and any increa sc
by order of Commissioner Nixon clear
~ GppceIo > " NC Il blOldtIOif VI ScNClOI
56 of the public service law
Equally plain is the language Of
Section % OF the public service law
which in effect provides that an order
Of the Public Service Commission shall
not be valid or effective if such order
be unauthorized by the public service
law
Says Order Is Void
"The New York and North Shore
Traction Company and it's directors and
officers must therefore know that Com
missioner Nixon's order is void and
confars no real authority upon them to
charge more than a tive-cent fare, and
if they charge more than a five-cent
fare they do so at their peril, as the
acts Of any officer or agent of the com
pany in furtherance of void order of
this kind, punishable as misde-
meanor, are directly applicable. I'm
mediate action should be taken in or
der to protect the people living in all
parts Of the city from being imposed
upon by unauthorized fare increases
through similar usurpation of power
and disregard of law.
II request that you give notice to the
company Immediately not to increase
fares over these lines under the order