The New York herald., 1922-03-23
L,ttle Chance Of success.

fare.
Little Chance of Success.
1t was generally agreed in we'll in
formed circles that the demand has
less than "a Chinamans chance" of
success. From the time it formulated
it's comprehensive plan for the re-
Mobilization of the city transit lines
the commission has laid down two car
dinal principles, and it has reiterated
them repeatedly. One is that in ad-
vance of the plan becoming operative
it will positively grant no dd interim
fare increases, whether to companies
declaring for the plan or holding aloor
from il. The other is that under the
plan there can be no advance over
) cent fare within the first year OF
operation.
Apart from that. one of the several
transit amendments embodied in the
simpson-Jess bill. which yesterday re-
ceived Gov. Miller's signature, makes
it impossible for the commission to
grant any such fare increases as the
Interborough now asks. Before he
submitted his application for increased
fares James L. Quackenbush, general
counsel for the Interborough. disclosed
the fact frankly that for forty-eight
hours he had been bomparding the
Governor with kilograms urging him
not to sign that bill.
t., - hi al n
Mr.. Quackenbush went so far as to
quote the language OF the Executive
himself as uttered in a public hearing In
1919 Commenting upon this citation in
his subsequent address to the commits
sion. Mr.. Quackenbush exclaimed:
'If the Governor approves this bill.
he Is going to eat his own words, and
shall tell him so to his facet
Arguments Made to Governor.
Among the statements wired by the
Interborough counsel to the Governor
in three successive kilograms were these:
"The, Transit Commission has now
pending a proceeding to compel addi-
tional service upon the lines operated
by the Interborough Rapid Transit Com
pany The company Is not now earning
the rate Of return allowed by law on the
lowest valuation recently reported by
the commissions own bureau, nor will X
be able to earn such return In the
near future with the service now rem
dcred. Any increase in the operating
expenses through orders for additional
service will have to be resisted as con-
fscatory. and your approval OF the
amendment recommended by the Transit
Commission TO deprive themselves of all
power over rates except as n part OF
their proposed plan OF consolidation will
leave them where their orders for serv-
ice will probably not be enforced by the
courts.
''They will not be sustained in volun-
iarily giving up the power TO provide
the funds for extra service and then
requiring such extra service BY confis-
eating the property Of the company. 7
quote tho following from the minutes
OF your address before the Senate Com
nittce on Public Service on March ~,
1919:
I'VE have heard something said here
on the subject OF poor service. The
Public Service Commission has the
power TO make orders requiring better
service. But II has no power to en-
force the orders. why? Because you
cannot get blood out Of stone. You
can make an order reuu ing extended
facilities. but you cannot compel n public
service utility to comply with II without
providing them the money. and the
Supreme Court has recently held that
an order Of that kind, when the rates
Confined on Page Eight.
NJ a n NJ f..ta