Perth Amboy evening news., 1921-07-11
ASSIGNMENTS
Of ERROR IN
FARE APPEAL
Ten Clauses Made in Appeal
of Utility Board to the
Errors Court
IN 10 CENT FARE CASE
No Special Session to Hear
Case at Once Chancellor
Walker Rules
GEO. RECORD FILES BRIEF
Fare Issue is Also Raised by
Attorney Action of Jersey
City
GEO. RECORD FILES BRIEF
fBy Evening News Correspondent


TRENTON, July 11.-Ten assign
ments of error are made in the ap-
peal of the State Board of Public
Utility Commissioners carrying to
the court OF errors and appeals the
decision of the supreme court in
the Public Service Railway Com
pany's ten-cent fare case. Chancel-
lor Walker. head of the errors court,
having denied the request of l.. Ed
ward Hermann, counsel for the
utility commission, for a special ses-
sion of the court to hear this appeal
at once, upon the ground that many
of the justices are away and quorum
could not be secured, the case will
have to take the ordinary course.
The assignments of errors are as
follows:
That the supreme court erred in
finding that 1t was shown conclu-
sively that a considerable part, at
least, of the increased rate is just
and reasonable"
That it erred in holding that 'it is
just and reasonable that an increase
of rates shoul6 be made"
In holding that the order and
proceedings of the Board of Public
Utility Commissioners are not sup
ported by the evidence"
In remanding the case to the util-
ity board ito fix just and reason
able rate based on the evidence"
In holding that the fixation of a
just and reasonable rate fought not
to be postponed until the board has
reached result in another case in
volving the fixing of a just and rea-
sorable rate based on the evidence"
In holding that the railway COM
pany was entitled to the cost of op-
Grafton and fair return ION capital
In holding that 1t had the power
ito set aside the order and remand
the proceedings to the commission
ers to fix a just and reasonable
rate"
In holding that the Public Ser
vice Railway Company was entitled
to higher rate than it is now re-
ceiving under the evidence"
In holding that it was entitled to
any higher rate than it is now re-
ceiving until the appellant fixes, as
it is required to fix. under the stat
ute, a just and reasonable rate based
upon a fair value of the property
used and useful In service of the
public.
The utility commission announces
tiidt IL VIII DC lChdy ny HCAI
day with its decision in the main |
case of the application of the Pub
lie Service Railway Company. for a
ten cent fare. which involves a val |
uation of all the company's prop |
erty. Thursday is the time fixed by |
the valuation law for handing down |
this decision.
Record Files Brief
JERSEY CITY, July 11:-George |
l.. Record, special counsel for Jersey |
City in the Public Service fare case,
filed today his brief with the Board |
Of Public Utility Commissioners. This
brief analyses the evidence in the
case, which comprises some 10000 |
pages.
Mr.. Record claims that the evil
dence shows that the Public Service
Railway Company is not entitled to
the rapid fall in the price
Of labor and material will soon put
-he company where a reduction in
The present Seven-cent rates should
be ordered.
Mr.. Record also says that if the
Supreme Court ruling in it's recent
iecision in the ten-cent fare case
vas adopted, which means that the
company is entitled to it's filed
charges and proper depreciation
'und to bring the property up to
IN efficient state, this would re-
Iuire total increase of less than
million dollars, and an eight-cent
base fare. with seven tickets for
fifty cents, which is substantially
he present rate, would produce this
SO that in no event is any
hing like an eight or ten cent fare
,alle1 for by the proofs or by the
uling of the court.