The New York herald., 1921-02-28
TRANSIT MEASURE
NOW TO MAKE FARE
FIXING PERMlSSIVE
Mandatory Provision to In
crease or Lower Rates
Is Stricken From Bill.
PROOF rs ON CARRIERS
Voice of Local Authorities
Is Eliminated Except OH
Payments of Funds.
80 DAYS FOR OLD BOARDS
Provision for Taking Fran
chises Into Consideration in
Rate Making Is Cancelled.
80 DAYS FOR OLD BOARDS

Special Despatch to The NEW York HERALD.
New York Herald Bureau,
Albany, Feb. "a.
A number of important amendments
We're announced tonight to Gov. Mil
ler's transit bill by the introducers OF
the measure, Senator John Knight and
Assemblyman Simon l.. Adler. Most
of them meet suggestions that have
been made since the printing of the
bill
One Of the amendments places the
burden of proof upon the common
carrier in case the road proposes a
change in rate or 'if on motion Of
the commission or on complaint filed
with the commission it Is proposed to
reduce the rate"
Powers to make contracts for spe-
clerks, experts and other help. are
given to the proposed Transit Com
mission and the Public Service Com
mission.
requiring the Transit Commission TO
change what is believed to be AN un-
Just or unfeasible rate is stricken out
and the provision Of rate changing is
made permissive. Any change in
rates. fare, or charge shall be upon
such terms. conditions or safeguards
as the commission may prescribe"
This change eliminates the provision
in the original bill which declared that
in making rate changes the commits
sion had to take into consideration
"readjustment of franchise or contract
rights and obligations"
Franchfse Restriction Cut Out.
All through the sections OF the bill
relating to the Transit Commissions
rights to change rates all provision
for taking franchises, contractural rights
and obligations into consideration for
making the change is stricken out
Further provision Is made In another
| suggested amendment that the Transit
Commission shall not increase or re-
duce rates until after It has adopted
its plan OF readjustment after thor
ough study OF the physical valuation
of the railroads property, and has de-
ternined through adoption OF the plan
what is to be done with the transit
facilities.
No new plan for transfers from one
road to another can be adopted until
after the readjustment plan has been
4 ~,-<J L.. r.
that mo passenger joint rate fare
charge, through route or transfer shall
be required between any rapid transit
railroad and any other rapid transit rail-
road or any railroad operated as a street
surface railroad, nor between street
surface railroad and any railroad oper-
ated wholly by steam or any railroad
operated a distance OF over fifty miles
partly by steam and partly by electricity.
The prohibition against rate changes
taking into consideration the readjust-
ment OF franchises or contract rights or
obligations also is extended to the pro-
posed Public Service Commission which
would be charged under the bill TO take
over Jurisdiction. supervision and regu-
latioH OF all public utilities up State.
including gas and electric companies
telephone and telegraph and upstate
transit facilities.
One provision delegates 10 the Transit
Commission all the powers given by the
old Rapid Transit act, the powers of the
Public Service Commission. First Dis
trict, which would be abolished. and the
powers of the Transit Construction Com
missioner. and provides that the powers
of city authorities to approve contracts
or notifications OF contracts under any
provision Of law or OF any contract here
tofore made shall be vested entirely In
the new commission.
Rapid Transit Act Cited.
Contracts for use OF streets for the
surface railroad and for stage and om-
nibus routes must be in the form of a
certificate or contract with terms and
conditions as nearly as may be required
by the Rapid Transit act" The contract
must further provide for the limitation
of such rights for definite term for
or for a right OF termination by the city
on notice with provision for making
good to the contractor his investment
under his contract.
All voice OF local. authorities as to
the form or modification of any con-
tract relating 10 transit is eliminated.
Provision in the original bill. saying
'In the event that the local authority
upon the final submission OF contracts
for approval negiects or refuses 10 ap-
prove the same. 10 stricken out by amend
ment.
A further change prohibits the Tran
sit Commission from making any new
contract or modifying any existing con-
tract for the construction, equipment.
maintenance or operation OF the rail-
road without approval or consent of the
local authority where such new contract
or modification OF any existing contract
requires TO carry II out the authorize
tion by the local authority OF additional
corporate stock. or bonds Of the city. or
which would result In replacing within
the debt limit OF the city under the Con-
stitution OF the state. corporate stock or
bonds which have been excluded there
from by orders of the Appellate Division
Of the Supreme Court. or adopts, or so
modifies route or routes. and general
plan Of a railroad az to to require con-