The New York herald., 1921-01-25

commission. the Governor recommends.
The Commission in the second District
should be elevated to the standing OF
court and removed entirely from political
influence by rearranging the expiration
Of the terms OF the Ave members.
Second In Importance only TO passen-
ger trsnnit is tie problem of freight
transportation and port development OF
New York. upon which subject the Gov
ernor says he will deal In his next mes
sage TO the Legislature.
Outlines Old Rapid Transit LAW.
The Governors message in full fol-
lows:
invite your prompt consideration OF
needed changes in the law for the regu-
iation of public utilities. The most urg-
ent condition is that presented by the
transit situation IN the city of New York
In my view. sufficient facts are known
20 enable the Legislature TO determine
what action II ought to take. Indeed,
those facts are matters OF common
knowledge. | shall endeavor to state
them.
A brief outline o, the acts under
which the present rapid trsnsit lines
were constructed may be helpful.
BY chapter 752 OF the laws OF 1894
the Rapid Transit act OF 1891 was
amended snd a board OF Rapid Transit
Railroad Commissioners was named in
the act with rower to fill vacancies. As a
preliminary step the board was required
70 obtain the constitutional consents OF
the local authorities and abutting prop
erty owners. or IN lieu OF the latter the
determination Of the General Term. now
the Appellate Division, of the Supreme
Court, upon the report of comm issoners
that the proposed road ought to be con-
structed and ope-sted. The board was
then 10 prepare plans and advertise for
bids for construction. equipment and
operation. Upon obtaining the consti-
tutional consents the board was nde-
pendent OF municipal, control except that
the approval OF the Common Council was
required az 70 the form OF contracts. Un-
der that act the first two subway con-
tracts Ter. let viz Contract No. 1 on
February 81. 1900. for the section north
Of The Post Office In Manhattan. and con-
tract No 2. on July 81, 1909. from the
Post once In Manhattan 70 the Long
Island Railroad Terminal in Brooklyn.
Under those contracts made by said
board the credit Of the city was pledged
to the amount OF upward OF s55. 200. 900.
little more than s5f.o0o,ooo OK which
has been exempted from the indentod-
ness which Is limitation upon tha bor-
rowing power Of the city.
BY chapter 631, laws OF 1908. the
power Of approval OF plans and con-
clusions" by the original act vested in
the Common Council was transferred to
tho Board OF Estimate and Apportion-
ment That power was continued by the
rev sion of 1909 and still exists.
The Greater New York charter (chap-
ter 37s, laws OF 1sa7) provided by Sec
ton 45 that nothing In the act should
repeal or affect In any manner the pro-
visions Of the Rapid Transit act
Independent Of city Control.
II will thus be seen that the first ven
ture OF the city OF New York In
municipal ownership OF transit lines
was under contracts made by board
appointed by the LEGISLATURE, which was
independent OF municipal control except
for the constitutional consent required
to preliminary plans.
In 1907. as part Of tho enactment Of
tho Public Service Commissions law the
powers of the board under the Rapid
Transit act were transferred TO the
Public Service Commission for the FIRST
District There was then urgent need
for an extension OF the rapid transit
system. However, Il was not until 1913.
deSpite all of the efforts OF the public
authorities that contracts No. 3 and No.
T. providing for extensions under the So
called dual system, were made That
WAS due In part at least to the delay M
snectins working arrangement be-
tween the comm ssior and the Board OF
Estimate and Apportionn1ent Those con-
tracts were made by the commission and
were approved by the Board OF Estimate
and Apportionnent, and they contained
. clause requiring the approval OF the
board to any changes. However. find
no statutory warrant for that provision,
the only consent 10 municipal authority
10 changes expressly required by the
statute being consent 20 changes of
plan.
BY chapter $50 of the laws Of 1919,
the regulatory powers of the Public
Service Commission were transferred to
a single commissioner appointed by the
Governor and the powers under the
Rapid Transit act were Transferred to a
single transit construction commls mlssioner
The result Is that there are now three
agencies dealing with transit in New
York cfty-the Public Service Commits
sioner. the Transit Construction Com
missioner and the Board OF Estimate
and Apport,onnent and the powers OF
each are In dispute. II II not strange
that an apparently hopeless tsngle re-
suits
ssrfaee Lines in Hopeless TansIe.
With respect 10 surface lines. an
equally hopeless tangle of authority ex-
lists. II was obviously intended to con-
fer upon the Public Service Commission
complete regulatory power over them.
But the Court Of Appeals decided that Il
would not infer. from the language of
the act an Intention TO do that In cases
where local consents had imposed con-
ditions az 20 rates OF fare. That de-
cisiori. however. has been limited 70 such
consents granted between 1875 and 1907.
The result is that the Public Service
Commission has Jurisdiction over some
lines and different sections OF the same
line and a divided authority with the
Board OF Estimate and Apporuonment
over other lines or sections OF the same
line.
A drifting policy has naturally result
ed from divided authority and respon-
sibility. while the transportation prob
lem In the city Of New York has steadily
drifted toward disaster.
According 10 the report Of the transit
construction commissioner. there is
greater need than ever OF new con-
struction and extension Of rapid transit
the point Of. saturation during rush
hours. In passing II may be observed
that the service has been so crippled
that every hour appears TO be q rush
hour. The commissioner states that at