New-York tribune., 1922-10-15

suspenaing the operation or the decree
for = period Of thirty days SO that tho
necessary steps may be taken a. pro-
videa by law in order to pernia legal,
naSe and proper operation OF such Bus
hnss as may be necessary pending the
adeptscn Of the plan Of readjustment
and Improvement of transit Ia the City
of New York which is being formu-
lated ey the Transit Commission pur-
suant 10 the provisions of Chapter IA
Of the Consolidated Laws.
Up 70 Board of Estimafe
:. After sugsestiRg that che Board OF
Estimate is In poaition TO grant q tenn
porary permit so as to continue the
operation of the busses, the petition
recites the case of the first bus permit
that was issued upon the discontinu-
ance of certain surface railroad lines
In 1919, namely, that which was issued
BY Louie Reidl. by resolution Of the
6oard OF Estimate. ON September 1S,
1878. This was for temporary opera
ten, continuing only to and includinr
December 20, 1919, and revocable upon
ten days' notice by the board in writ
ing. The Public Service. Commission,
Isl District, issued a certificate Of
convenience and necessity upon the day
following, which also recited the tenn
porary character Of the operation.
The said permit to Louis Roide1.n y
continues the petition, "the commission
Is informed and be ieves was immedi-
ateiy revoked by the Board of Esti-
mate and Apportionment, and from
that time on the policy was pursued.
wnieh mas been repeatedly pronounced
Dy tne courts to be illegal, of operat-
ING eus lines under the supervision Of
the commissioners of Plant and Strue-
lures, upon permits issued BY him and
his subordinates from day to day, and
IN every case without obtaining the
statutory certificate Of convenience and
necessity from the Transit Conlmis-
sion"
Asks Grant Of Permits
Grover A. Whalen, Commissioner of
Plant and Structures. yesterday sent
mayor Hysan letter requesting spe-
cial meeting Of the Board Of Estimate
tomorrow at 10 o'clock to consider the
issuance of temporary permits to the
BUS lines. Commissioner Whalen argues
against the so-called temporary fran
chises" urged by Governor Miller. and
recommends a revoeable permit to be
issued by the Board Of Estimate to the
Individual bus owners, similar in form
to the permit of the Fifth Avenue
Coach Company, under which they are
now operating some Of their routes.
Commissioner Whalen says it would
not be feasible for the Board of Esti-
mate to grant individual franchises"
to the 400 drivers <f buses.
Under the circumstances, eontin-
ues the commissioner, II cannot follow
the reasoning of Governor Miller and
Mr. McAneny IN their public state
ments advocating the granting of
temporary franchises by your board
except that 1t may be prelude to drive
over large and profitable franchise
grant to some favorite corporation
after. the so-called temporary fran
chise' experiment.
Out 81 the dilemma caused bN the
decision of MIR. Justice Mullan and the
drive of Governor Miller and Mr.. Nc
Anehy for franchise grants, can see
but one remedy-the granting by your
honorable board of temporary revoc-
able permits to the individual bus own
ers, these permits to be substantially
like the permits granted to the Fifth
Avenue Coach Company. The issuance
OF such permits would still make it
possible for the city to maintain it's
supervision and control over the pres
ent bus lines.
"AAsASfEoSfVit oA your COHSldcEatl0n
of this question I am submitting here
with the signed applications of all the
present bus owners now operating ON
the present emergency bus lines. If
your board will act favorably upon
these applications the Transit Com
mission will then have an opportunity
to make good the promise of its chair
man that certificates of convenience
and necessity will be issued for the
existing bus lines"
The Tribune yesterday learned that
the Transit Commission is not likely
to stand for the issuance of permits
to four hundred individual bus drivers
but on the other hand, in due time, will
insist that the owners of the bus lines,
whoever they are, comply with the law,
place themselves under statutory super
vision and pay fee for the privilege
OF doing business, provided they are
other corporation or company.