New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-05-03
Transit Board
Gets First Plea
For Fare Raise
Increase 10 Z Gents Asked by
N. va Westchester Road,
Action Vigorously Fought
by City at Open Hearing
Further Argument June I
Court Receives Briefs i'm
Move to Gust McAneny
Body; Witlaholds Ruling

Increased fares were demanded from
| tho new Transit Commission ut its
first public hearing, held yesterday at
40 Lafayette Street.
The New York, Westchester & Bos-
ton Railroad presented argument to
increase it's sive-cent fare to seven
cents between its stations within the
city. The stations are at 133d Street
nova, Hunts Point, Westchester Ave-
nue., 1S0th Street, Morris Park, Pei
ham Parkway. Gun Hill Road, Bay
chester Avenue and Dyre Avenue.
| No Indication was given by George
McAneny, Leroy 7. Hardness and Major
General John F. Organ, the new com
missioners, as to their attitude on ap.
| plications for increased fares. At
torneys for the railroad said the APP
plicaticn was renewal of one made
before the old Public Service Commits
sion. which, in January, 1920, refused
an increase. The application was car
ried to the Court Of Appeals and re-
manded back to the commission. The
company presented figures to show that
| the proposed increase was justified. L..
rs. Miller, the president, was asked
whether the increases were to be used
for any improvement i'll facilities. He
| said they were not.
The commissions decision was with
/ held pending further argument on
June /. Corporation Counsel OBrien
objected OH behalf of the city. He
tried to induce the commissioners to
outline their policy of procedure in
future cases. Mr.. McAneny said the
! commission was not ready to announce
it's regulations.
Briefs Filed With Court
Both the city and the commission
! before Supreme Court Justice John "
McAvoy yesterday filed briefs in the
suit brought by the city to restrain
| the new comm ssion from functioning
Francis NJ. Scott presented the case for
/ the commission. lie declared that the
city's petition to restrain the commits
sion from taking office was now purely
academic, since the commission al
ready is in office. If the Corporation
Counsel's contention that the new trac-
ton law is invalid because it was not
submitted to the Mayor for approval or
disapproval is correct, then the traction
amendment of two years ago, which
made John H. Delaney Transit Con-
struction Commissioner was invalid,
because it was not submitted 10 the
| Mayor, Mr.. Scott asserted.
IF this contention is so there never
was q Transit Construction Commits
sioner and all the acts Of Mr.. Delaney
were void" said Mr.. Scotts brief.
| In order to test the constitutionality
of the law and to justify the issuance
| Of an injunction, the brief said, there
| must be proof that property right of
| the plaintiff is about to be interfered
with.
City May Accept Contracts
"For aught that appears at this time
the commission, by majority vote,
may never agree upon any plan" said
the brief. "If it does the plan may
be entirely constitutional. The plan
adopted by it may never be accepted by
any railroad; after contracts are
drafted they may be changed pursuant
to the second public hearing; after the
submission Of the contracts to the
public authorities the latter may accept
the plans, or, If they reject it and state
their reasons, the commission may &C.
cept their suggestions, either before
or after the public hearings, as the
statute directs; after all changes are
local authorities for approval the lat
ter may then find in the contract ELL
that they desire"
Justice McAvcy did not indicate when
HIS decision upon the application for
an Injunction would be handed down,
Justice MacCrate, in the Supreme
Court, Brooklyn, yesterday denied the
application Of the city for an Injunction
to restrain Lindley M. Garrison, re-
ceiyer Of the B. r. T., from charging
Franklin Avenue, wilson Avenue and
Broadway trolley lines. The court held
that if the double fares were not per-
mitted the lines would be suspended
and the public would be inconvenienced.