New-York tribune., 1919-07-09
Administration to Contest
Legality of Nixon's Pro-
posed Order Providing
More Income for Lines
Question His Jurisdiction
If Courts Interfere, Commits
sion Threatens "Drastic
Action to Give Relief

The city administration will appea
to the Supreme Court in an attemp
to prevent Lewis Nixon, Pubic ser
vice Commissioner, from permitting
the New York Railways Company t'
charge two cents for transfers.
As soon as Commissioner Nixon Is
sues the order he announced MONDAY
William P. Burr, Corporation Counsei
will apply for writ Of certiorari 1o'
a review of the order. At the same
time. he will ask for temporary In
junction restraining the traction com
many from charging for transfers pend
ing action on the application Tor the
writ.
The city will contend that Commits
.ioner Nixon has no authority unoei
the law to permit any street railway
company to discontinue the free trans
fer privilege.
THE right Of passengers on street
car lines to free transfers is guaran.
teed. by Section 40, Subdivision Z. OF
the. Public Service Commission Law,
said Mr.. Burr yesterday. "Ine Ia"
provides that for every refusal 10 is
sue such transfer the corporation 80
refusing shall forfeit fifty dollars 70
the aggrieved party.
Says Act IL Unauthorized
commissioner Nixon. we contend,
has no right TO abolish the issuance
OF free transfers at all points OF IN
tersectjon. He can investigate the cost
OF operation OF the road, evaluate lts
nroperty, and see whether 1t Is get,
ling return on its investment, and
then he can make joint rates, but ne
cannot do what he is now attempting
1--WE shall make every possible at
tempt to protect the travelling pubic
from this additional charge. l am con-
fdent that we shall succeed.
1T may not be possible. however,
70 prevent a charge for transfers until
after the court acts upon our appn-
cation for writ Of certiorarl. Inc
court may not act until October. IL II
does not grant temporary injunction
in the meanwhile, Mr.. Nixon's order
II 60 into effect for time' at ieast'
Free Transfers Obligatory
Jus, when the order will be issued
Las not yet been determined, 1t was
aid at the Office of Commissioner
nixon. The legal department of the
company and the convnisslon are now
a,tcmtting TO. settle disputes concern
iug the points at which free transfers
must be issued.
There are at least fifteen points on
,he green car lines where the franchise
urorides for a free transfer. The
commission contends that several other
points must be added to this list. The
order cannot be issued until the con-
troyersy is settled.
If the court forbids charge for
transfers drastic action may be taken
10 save the companies from disaster, 1t
vas limited at the Office of the Pubic
Service Commission. Just what that
action will be was not explained.
The transfers for which charge will
be made will be substantially the same
"a appearance as those now issued free,
off.cials OF the company said. Con-
ductors will issue them on request OF
the passenger when he pays his five
cent fare. but they will charge two
cents extra for each ticket.
B. X. +. Men Are Confident
Officials o. the Brooklyn Rapid Tran
SIT Company are confident that a
charge for transfers will be allowed
on some of their lines as we'll as on
those Of the New York Railways Com
pany. The b. r. T. has applied to
Commissioner Nixon for the privilege.
He has not yet rendered decision.
II is claimed that the Commissioners
has the right TO permit charge at
most OF the l,00S transfer points IN
the Brooklyn trolley system.
Tlo 4 haa hold only one
hearing on the h. r. T. application
He then announced that he would not
reopen the case. which had been thor
oughly invest gated by his predeces-
sors. but would merely get some addi-
tional information to bring the matter
up 10 date before making his decision
Affects Court Action
Judge Mayer in the Federal Court
YESTERDAY adjourned until August 2s
the hearing on the motion to separate
the Eighth and Ninth Avenue lines
from the system of the New York Rail
ways Company.
1.-THE announcement by the Public
Service Commissioner that he will per
nit a charge for transfers radically
changes the situation" said Judge
Mayer.
Judge Mayer also adjourned until
Angus. % the hearing on the applica-
tion Of Job +. Hedges. receiver Of the
New York Railways Company, concern
ing the discontinuance OF car service
over the Williamsburg Bridge. Colonel
Henry l.. Stimson, counsel for the re-
ceiver, in asking for the extension, ex-
plained that Mr.. Hedges has conferred
with city officials and representatives
of the Public Service Commission in
the hope Of reaching IN agreement to
prevent the interruption of service
". p. Burr, Corporation Counsel
Joined in the plea for delay 30 that the
conference might be continued.
List of Transfer Charges.
When the proposed order Of Mr.
Nixon is put into effect two cents viii
be charged for transfers at the fol
lowing intersections Of the green cal
lines:
Broadway and Park Row. Washington
and Chambers streets. Greenwich anc
Chambers streets, Broadway and Cham
bers Street, Centre and Chamber,
streets, Duane and Washington streets
Duane and Greenwich streets. Wes'
Broadway and Duane Street, Broadwa,
and Duane Street. Duane and Centr,
streets, Desbrosses and Washington
streets, Desbrosses and Greenwich
streets, Desbrosscs and Canal streets
Vsrick and Canal streets, Varick anc
Watts streets, Broome Street and Wes
Broadway, Grand and Centre streets
Grand Street and Bowery, Sprini
Street and Broadway Bowery anc
Spring Street. Bowery and Delaney
Street, Essex and Delaney streets
Clinton and Delaney streets. Green
w.ch and Charlton streets, Hudson and
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