The New York herald., 1921-02-16

NtNfs
ITO State or omnibus lines or routes
any portion OF which lies within such
city.
ITO such portion of any railroad a.
lies within any such city and is used
for local service and not operated as
part of a trunk line railroad.
ITO matters or subjects jurisdiction
whereof is conferred on such COM
mission by Article 6 of this chapter
"A corporation, or person owning or
holding a majority Of the stock OF
corporation, subject TO tho jurisdic-
tion of the transit commission, shall
be subject to the supervision Of the
transit commission.
other additional sections Of the bill
made public to-day are as follows:
"srcricx ss-ChdRoes fh schedule !;
notice required; potcer o. suspension oy
the coB,niFssion---Unless the commission
otherwise orders, no change shall DC
made in any rate, fare or charge or
ipint rate. fare or charge, which snail
nave been filed and published BY com
mon carrier in compliance with the re-
aurements OF this chapter. except after
thirty days notice TO the commission
and publication for thirty days, as re-
auired by Section 2S of this chapter
which shall plainly state the changes
proposed TO sc made in the schedule
then in force and the time when the
changed rate fare or charge VIII go
into effect and all proposed changes
shall he shown by printing. fling ana
publishing new schedules or shall De
.lsirly indicated upon the schedules III
force at the time and kept open 10 pup
lie inspection.
The commission for good cause
shown. may allow changes IN rates
without recurring the thirty days no
tico and publication herein provided for'
BY duly fling and publishing In such
m nner as IL may direct an oroer specA-
III az the changes so made and the time
IN II shall take effect; all such
@enres shall be Immediately indicated
nptn its schedules by the common car
-ssrs.
whenever there shall be filed with
The commission by any common Garner
a. defined in this act any schedule
siatlng a new individual or joint rate
Para or charge. or any new individual or
s<iug classification, or any new indl-
vhal or joint regulation or practlce
ting any rate. fare or charge, inc
stssion shall have aud it is hereby
Is. u, on its own initiative without COM
plagn.. at once and IL 1t so orders with
out order or other formal pleading by
the interested carrier or carriers, but
upon reasonable notice TO enter upon
hearing concerning the propriety of such
rate. and pending such hearing and de-
ofsion thereon, the commission upon
filing with such schedule and delivering
to the carrier or carriers affected there
d, xx--i+i I'M af
for such suspension. may suspend tne
operation of such schedule and defer the
use of such rate, but not for longer
period than 100 days beyond the time
when such rate would otherwise go into
effect
0"After full hearing, whether COM
pieted before or after the rate goes into
effect, the commission may make such
order in reference to such rate as would
be -proper in a proceeding initiated after
the rate had become effective. Provided,
that If any such hearing cannot be con-
cluded within the periods OF suspension,
:irs above stated. the commission may. in
its discretion, extend the time OF suspen-
sion for further period OF not exceed
ing six months.
Af"s commission may as authorized by
subdivision 1 of section 40 establish tern
porary rates for any period OF suspen-
sion under this section. NJ any hearing
involving a 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 prefer
ence over all other questions pending
before II and decide the same as speedily
as possible.
swceping Fewer to Alter Rates.
..Subdiyision 1 OF section 40 OF such
chapter as last amended by chapter 54S
Of the laws Of 1911 is hereby amended
to read as follows:
IL. Whenever either commission shall
be of opinion, after a hearing had upon
It's own motion or upon complaint that
the rates charged by any common carrier.
railroad corporation or street railroad
corporation for the transportation of
propertv within the State. or that the
regulations or practices OF such carrier
affecting such rates are unjust. unrea-
sonable. unjustly discriminatory or un-
duly preferential. or In any wise In vio-
latien of any provision Of law, or that
the maximum rates. chargeable by any
such common carrier. railroad or street
ratr,ad corporation are insufficient 10
y,eid reasonable compensation for the
19rs 20 rendered, and are unjust ana un-
issrnable, the commission shall with
1pa regard among other things 70 a
rats' aabc average return upon the value
Tie property actually used In the
rubni service TO agreed provision for
s1rsire or compensation and 70 the ne
fcsNiy of making reservation out OF in
Como for surplus and contingencies, de-
terulne the just and reasonable rates,
fares and charges 10 bc thereafter OBJ
served and in force as the maximum
ro ne charged for the service TO be per-
fyrned, Notwithstanding that a higher
OF over rate, fare or charge has been
feretoforc prescribed by general or spe-
cial tatute. contract, grant, franchise
cord ion. consent or other agreement,
ina hall fix the same by order 60 be
ssrsrl upon all common carriers. rail-
road corporations or street railroad cor
I,oraions by whom such rates, fares and
chafses are thereafter to be observed.
-tf it shall be made 10 appear to the
satisfaction OF the commission that the
4Nhil interest requires change In
tNc rates, fares or charges demanded or
e'ilec,cd by any person. firm or corpo-
iTNon subject 10 its jurisdiction. or that
spcl change Is necessary for the purpose
o9uiQviding safe, adequate and efficient
3eryfe :. or for the preservation or the
rrrpnrty. the commission. upon such
tarin4 conditions, safeguards or read
Jpstn,ent OF franchise. or contract rights
q" Iaw.