The New York herald. [volume] (New York, N.Y.) 1920-1924, 1921-02-01

The commission continues to ind embar-
rassment I'm requiring q full measure OF
service from railroads as to which II
lacks the power to regulate rates
Enormeus Deneit for 1870.
TN his report for 1920 Public Ser
vice Commissioner Alfred M. Barrett for
the First district. said the deficit for the
railroad companies In the First distric.
$lo.7s6.sss. The increased cost Of labor
and material he said. 10 largely respon-
sible for this dshcit He stated that the
outstanding conditions referred to by his
predecessor. Mr.. Nixon. In his report OF
March 1. 1870. are still the outstanding
features for the year 1920. The physical
properties have been allowed to run
down until the deferred maintenance for
all the companies In the city now
reaches $10.st5.0s1. an increase Of 81
134.0sl. Under these conditions the
question how long the companies can
continue to operate without adequate
maintenance. Then he wonders how the
money IL to be provided to take caro- OF
the deferred maintenance. which Is now
or win soon be az great as the cost Of
buying new equipment
"Of the. 2S7 cities In the United States
with population OF $4,000 or more. ex-
Guiding New York city. with a COM
bined population OF 4.962.000, 1a7 are
paying on q 10 cent basis: two cities
have 8 cent fares twenty-eight have 8
cent fares, twenty-four have z cent
fares. nfty-six have 6 cent fares. Bos-
ton has 10 cent fare and Chicago a
10 cent fare on its elevated lines and
Philadelphia Z cent fare with cent
exchange, making q total OF 10 cents"
With reference to the equities and
the legal rights involved. Mr.. Quacken-
bush believes that. to use the phrase or
the Governor. there is great deal Of
loose talking and loose thinking being
done among those who are prating vehe-
mently of the inviolability of the cent
fare and of the other aspects Of the
contract between the city and the OPP
Grating company.
What the Legislature gave" he says.
that 1t can take away or modify
Neither the Interborough nor the city
Of New York can get rid of the terms
OF this contract. but the State Of New
York can get rid Of 1t. or can modify it
at will. without the consent of either Of
the actual parties to it. And the State
OF New York can delegate that au-
thority to . commission which may be-
come its agent.
WnSH tno lutCTOOfOu8u Coh1aCl0o
with the city to operate the subway
for cent fare neither party couiu
have anticipated that the war would
make performance financially impossi-
BILE.
1T would seem. therefore. only rea-
sonable for the PARTIES to the contract
to modify 1t by mutual agreement
1.-THE case il like one where a con-
tractor, while prosecuting sewer work
and before its completion, struck body
of quicksand below the surface Of the
earth Of great extent and directly In the
line OF the sewer. the existence of which
was unknown heretofore to both the
contractor and the city and could not
have been anticipated by either OF them.
lit was optional with the city either
to prosecute him for non-performance or
waive that right and make new agree
ment on q more just and equitable basis.
The city wisely. as l think. chose the
latter
1t was further stated In the ruling Of
the court: THE contract being subject
to legislative control, the Intervention Of