Reports of Decisions of the Public Service Commission, Second District, of the State of New York Volume 6

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 Excerpt: ... It seems to me that thereby the old franchise was presently and effectively modified or superseded by the new contract so far as the village authorities were interested in and could contract for a reduced fare. It is not necessary here to determine whether the latter could contract for a reduced fare on a continuous passage between White Plains and some point short of or beyond the village. This would seem to indicate conclusively that the Court was not attempting to decide that the village authorities as against the State could limit the fare but that the franchise conditions were binding on the parties until such time aa some higher authority should intervene to regulate them. It is true that the Court said, at page 217--There is no doubt that the rate of fare to be charged to and from points in the village was a matter of such municipal and public interest that the municipal authorities might bargain with reference thereto. Therefore the grant of the new franchise on the condition and consideration, amongst others, of a five cent fare between the points now involved and the acceptance by the company thereof and its agreement to observe all the conditions, regulations and restrictions thereof made a valid contract. It is asserted that this creates a situation where the Legislature has no further power in respect to rates to be charged in these communities by the railroad. It is inconceivable that this was intended by the Court because of the many decisions which it had made in previous years to the effect that municipalities in this State had no such power. The only power given to municipalities with respect to street railways is that contained in the Constitution, Article III, section 18, and in the acts passed by the Legislature, and at no time, at l...