New-York tribune., 1921-02-16

!
! the commission by any common carrier
as defined in this act any schedule
| stating new individual or joint rate,
! fare or charge, or any new individual
! or joint classification, or any new in
| dividual or joint regulation or practice
| affecting any rate, fare or charge, the
commission shall have, and it is hereby
| given, authority. either upon complaint
| or upon it's own initiative without
| complaint, at once, and if it so orders
! without answer or without complaint,
/ at once; and If it so orders without an
swer or other formal pleading by the
! interested carrier or carriers, but upon
reasonable notice, to enter upon hear
! ing concerning the prcpriety of such
rate, charge, classification, regulation
! or practice.
"And pending such hea1ng and de-
cision thereon, the commission, upon
filing. with such schedule and delivering
| to the carrier or carriers affected
thereby statement in writing of its
reasons for such suspension, may sus-
pend the operation of such schedule
( and defer the use of such rate, fare,
/ charge, classification, regulation or
practice, but not for longer period
than 100 days beyond the time when
such rate, fare, charge, classification,
regulation or practice would otherwise
go into effect; and after full hearing,
whether completed before or after the
rate, fare, charge, classification, regu-
! lation or practice goes into effect, the
commission may make such order in
reference to such rate, fare, charge,
classification, regulation or practice as
would be proper in proceeding initi-
ated after the rate, fare, charge, classi-
| fication, regulation or practice had be-
come effective.
provided, that if any such hearing
cannot be concluded within the period
of suspension, as above stated, the
commission may, III its discretion,
extend the time of suspension for a
further period of not exceeding six
months. The commission may, as au-
thorized by subdivision one of section
49, establish temporary rates for any
period of suspension under this sec
ton.
'At any hearing involving rate the
burden of proof to show that the change
in rate or proposed change in rate is
just and reasonable shall be upon the
common carrier; and the commission
may give to the hearing and decision Of
such questions preference over all other
questions pending before it and decide
the same as speedily as possible.
Laws of 1911 Amended
Subdivision one of section 40 of
such chapter, as last amended by chap
ter 546 of the laws of 1911, is hereby
amended to read as follows:
l. Whenever either commission shall
be of opinion, after hearing had upon
its own motion or upon a complaint,
| that the rates, fares or charges de-
manded, exacted, charged or collected
by any common carrier, railroad cor
mr. "a obs OF !
subject to its jurisdiction for the
transportation of persons or property
within the state, or that the regula-
| tlons or practices of such common car
| rler, railroad corporation or street rail
road corporation affecting such rates
| are unjust, unreasonable, unjustly dis
criminatory or unduly preferential. or
in any wise in violation of any pro-
vision of law, or that the maximum
rates, fares or charges chargeable by
any such common carrier, railroad or
street corporation are insufficient to
yield reasonable compensation for the
service rendered and are unjust and
unreasonable, the commission shall
with due regard, among other things,
to reasonable average return upon
the value of the property actually used
In the public service, to agreed pro-
visions for service or compensation
and to the necessity of making reser-
vation out of income for surplus and
contingencies, determine the Just and
reasonable rates, fares and charges to
be thereafter observed and in force as
the maximum to be charged for the
service to be performed, notwith stand
ing that higher or lower rate, fare or
charge has been heretofore prescribed
by general or special statute, contract,
grant, franchise condition, consent or
other agreement, and shall fix the same
by order to be served upon all common
carriers, railroad corporations or street
railroad corporations by whom such
rates, fares and charges are thereafter
to be observed.
The Regulation of Fares
"If it shall be made to appear to the
satisfaction Of the commission that the
public interest requires q change in the
rates, fares or charges demanded or
collected by any person, firm or cor
poration subject to it's jurisdiction, or
that such change is necessary, for the
purpose of providing safe, adequate
and efficient service, or for the preser-
vation of the property, the commission
upon such terms, conditions, safeguards
or readjustment of franchise or con-
tract rights or obligations as it deems
proper, may authorize an immediate
reasonable temporary increase or de-
crease in such rates, fares and charges
pending final determination of the
rates, fares and charges to be there
after observed by such person, firm OF
corporation.
"The terms, conditions, safeguards OF
} readjustment of franchise or contract
rights or obligations prescribed may
include provision for the purpose fo1
which the additional revenue derived
i from any such temporary increase may
= be expended and for the impoundine
, thereof until the same shall be applied
to the purposes so specified.
"At any hearing lnvolving rate
r the burden Of proof to show that the
t change in rate, il proposed by the
= common carrier, or that the existing
? rate, if the commission on its owr
motion or on complaint proposes tt
= reduce the rate, is just and reasonable
shall be upon the common carrier; anc
the commission may give to the hear
, ing and decision of such questions
! preference over all other questions
4 pending before it and decide the same
= as speedily as possible"
!, Walker Says Miller Only
> Enhances Fear of People