The New York herald., 1921-03-05
SEEKS TOIMPOUND
EXCESS IN CARFARE
Senator Duggan Would Amend
Traction Bill to Safeguard
the Public.

Senator William Duggan Of Manhat-
tan will ask the Republican legislative
conference from this county at the meet
ing this afternoon TO back him in pro-
posing an amendment to Gov. Miller's
traction bill providing for the impound-
ing of any moneys that may be paid by
the public in the way of increased fare
prior to the determination of the con-
stitutionality of the bill.
THE bill is unquestionably unconsti-
tutional. but the traction interests do
not care" said the Senator. who, al
though a Republican, has been one of
ure. "They would have the commission
go ahead with an increased fare. 1t
would take three years for the constitu-
tionality 10 be passed on. taking it
through the Supreme Court In Washing
ton. In the meantime under an eight
cent fare the companies would have
taken in some s210.000.0o0 in excess
fares. The bill as now drawn does not
provide for impounding that excess. and
the, people would have no chance to get
their money back. The amendment
propose is to have this money i'm
pounded, so that it might be paid back
If the courts finally ruled there was no
justification for the Increase
According to one of the New York
county legislative delegation opposed to
the bill only one OF the three Senator'S
Schuyler VI. Meyer-and three of the
ssembymen--Joseph Steinberg. e. r.
Rayher and Miss Marguerite L. Smith
would vote for the bill in its present
form.
week ago the conference decided
to back three amendments, one provid-
ing that there should be no increase
in fare prior to the actual consumma-
tion OF the bargain with the companies,
the second. clarifying the provision as
to valuation so as to make sure that
only physical value should oe aonsid-
cred, and third. that when the city au-
thorities do not agree with the Transit
Commission the Appellate Division of
the Supreme Court shall act as ar
bitter
Stewart Browne, president Of the
United Real Estate Owners Association,
has written to the chairmen of the SEN
ate and Assembly committee con-
sdering the traction bill. urging further
hearings before Anal action.
II understand there are TO be further
amendments Of which we have no pres
ent knowledge" H. said. "Is this bin
10 be railroadcd through tho I.egisla.
ture and become a law without the peo-
pie Of the city or New York knowing
It's contents? We are Of the opinion that
the bill can be- amended 80 a. O. set
the support OF the opposition aud at
The same time accomplish what the
Governor desires"
Mr.. Browne wrote that he had asked
Gov. Miller four questions in regard 10
the legal power under his bill but so
far had received no reply. He wanted
to know. he said. whether the Legis-
lature could compel the cancellation of
existing leases between franchise hold
ing and holding or operating companies
whether II could compel the cancella-
tion or modification of existing fran
chises against the Will of the owning
corporations whether II could compel
against the will Of the city administra-
ton the cancellation or modification Of
franchises under which the city invested
S300. 900. 900; or whether II could COM
pei the city to purchase and pay for
public utilities irrespective OF price,
without the approval of the voters and
against the will OF the city admlnistra-
ton.