New-York tribune., 1919-09-04
Corporation Counsel Called
On to Ask Courts to Re-
strain Nixon from Further
rams sit Concessions
North Shore Co. Warned
Hyian Asserts Rate Raises
Have Become sObsession'
With the Commissioner

ASSShl s."S.IU o. an increased are was
unauthorized and void ard that at
tempts Of company employees to COL
lect the extra fare within the limits
of New York City would be punished
in accordance with the law.
The notice and demand was served
on the traction company after Mayor
Hylan had written the Corporation
Counsel earlier in the day. stating that
the Manhattan and Queens Traction
Company was about to apply for an
increased fare The Mayor wrote in
his letter tha. ''increase o. fare really
seems 20 have necome an obsession
with the Public Service Commissioner
and he apparently is prepared to grant
an application Of this character on
the slightest provccation."
Seeks Writ Against Nixon
The Mayor was not satisfied with the
attempts Of sevcTah parties Interested
TO call rehearing of the increased
fare case, and demanded that quick ac-
ton be taken. In his letter he asked:
"ls it not possible to obtain from the
court a writ Of prohibition restraining
this man from making these increases
where he very clearly had no authority
under the decision OF the Court OF Ap-
peals ?"
CORPORATION Counsel. Burr replied,
following receipt of the Mayors let
ter
"Publ.c Service Commissioner Nixaa
las made z law unto himself whereby
he claims the power TO abrogatp n.u-
nlclpal franchises, increase rates and
abolish transfers Notwithstanding the
Court Of Apreals has emphatically said
the Public Service Comm ssion has no
such power. He has absolutely re-
versed the decision Of the Court Of Ap-
peals and Of his predecessor Public
Service Commiss ;cner.'
"Lihelous," Declares Nixon
Commissioner Nixon said after he
had read q copy of Mayor dylan's let
ter: a faVor.te method OF escaping
the consequences of Ebelous and ire
sporsible statements is to embody
them in letters TO appoinsees.
"all NY acts are open to review by
the courts. In the mean time shall
not descend to the level o, personal
altercalion with the Mayor OF this
city"
Concerning the rehcarng of the
case Commissioner Nixon said This
commission has expressed its willing
ness to order a rehcaring on the North
Shore Traction fare case. Statements
were made in the press yesterday that
such d hearing be demanded.
"a ruling of this commission is that
letters are not given to the press unless
correspondence is disclosed by others
and under no consideration is a con
templated action made public in adj
vance of the receipt of notice by the
party concerned"
Following is part of Mayor Hylan's
letter to The Corporation Counsel:
"Evidentlv cheered by the success OF
the North shore Traction Company il
having its. fare increased, the Manhat-
tan g. Queens Traction Company now
announces that it is about to appl!
to Public Service Commissioner NiXo1
for an order permitting it to increase
its fare and charge s or 10 cents car
fare, thstanding it's franchise con
tract with the city requires that nt
more than cents shall be charges
for a continuous ride on its railway
"Increase Of fare really seems tt
have become an obsession with th'
Public Service Commissioner, and h
is apparently prepared to grant an ap
plicaton OF this character on th'
slightest provocation.
Nixon's Fairness Questioned
"You will remember he had not beer
appointed more than twenty-four hour.
before he commenced to tell in th
public press of the necessity which h
thought existed for helping the poo
traction companies and said he wa
determined not to have any more re
ceivers appointed if he could preven
it. These statements from quas
judicial officer appointed to sit as
judge in the case between the peopl
of the city and the traction companies
without having heard a scintlla o
evidence in the case, showed plainl
the trend of the comm issionor's mind.
$50 it is plain that you must recko
with this undoubtcd disposition on hi
railway companies. He heard the ap
plication of the New York Railwa
Companies for chargt of cents 70
transfers, and, after sitting all da
listening to the testimony and the al
guments, he pulled out Of his pockc
the decision in the case decidin
against the city and in favor of tn
companies.
"The Manhattan & Queens Tractio
Company is the same company that re
fused to carry out the provisions Q
the franchise TO construct its line, as
agreed under its franchise, and has en-
Joined the Board of Estimate, notwith
standing this, from resembling til
franchise, SO anxious was it to be- al
lowed to continue TO operate what
claimed to be d most profitable line"
AOIPOIAllOt AOuHScl- buII ICllC
to the traction company read IN part:
'To the New York e. North Shor
Traction Company and to any and a
officers, directors or agents of said com
pany:
THE City of New York hereby serve
notice upon you that the order Of tn
Public Service Commission, First Dis
trict, dated August 2S, 1919, which pu,
ports to authorize an increased rate O
fare over and above five cents on line
Of the New York & North Shore Tra(
tion Company within the limits of tn
City OF New York. is unauthorized, vi
lawful and void. and the City of Ne'
York further demands that you an
each of you in No wise treat such orde
as valid or effective and that you i
no wise attempt to charge passenger
more than a tve-cent FIRE on lines 0
the company anywhere within the lin
its OF the City OF New York. Disre
gard Of this notice and demand wi
render you and each of you liable t
punishment or penalty as hereinafte
stated"
"The franchise granted by the Cit
of New \ OK 20 the New York g. Mort
Shore Traction Company contains tn
following conditions
""The rate of fare for any passenge
upon such railway shall not exceed fiv
60 cents, and the company shall no
charge any passenger more than fiv
(5) cents for one continuous ride fror