Public Service Commission, Second District

[Vol. 22]

heart of the Adirondacks, about nineteen miles long and is the
only station except a flag station between the termini and is
about equally distant from each. The road exists by reason
of its summer traffic. Only one family lives near the station
in winter but there is a small hamlet with a winter population
of about two hundred, about two miles away. The station has
never been regularly kept open in winter. Circumstances relat-
ing to the conditions of the train service and the accommodation
of the inhabitants reviewed and ordered that during the period
when an agent is not employed at the station all freight less
than carload lots and not too bulky shall be placed in the
freight house unless consignee is on hand to receive it, and
the freight house locked by crew before train leaves the station,
and on days when trains which usually carry freight to the
station are operated at least one train in each direction shall
stop for at least ten minutes at the station and the crew shall
open the freight house and deliver freight to the consignees.

Smithtown Branch, L. I., Hamlet of, In the matter of the complaint
of residents of, against Long Island Lighting Company, asking
that the wires of said company be extended and electricity
furnished complainants' residences, 276.

Electric light companies - persons desiring service must pay
part of the expenses of extending line if not entitled to serv-
ice under section 62 of the Transportation Corporations Law.
Where complainants are not entitled to demand service as an
absolute right under section 62 of the Transportation Corpo-
rations Law, the Commission must determine whether it is
reasonable to require the service. Evidence as to distances of
complainants' places from the company's plant and as to the
cost of extending the company's line considered and held, that
certain of the complainants were entitled to service provided
they pay for the cost of constructing the line in excess of the
sum of $342, which is determined as the company's share of
the expense.

Solsville Electric Light and Power Company, Inc., In the matter
of the complaint of residents of Madison county against, as
to electric service furnished the public.

Solsville Electric Light and Power Company, Inc., In the matter
of the complaint of residents of Madison county (customers),
under sections 71 and 72, Public Service Commissions Law,
against, as to prices to be charged for electricity, 645.

Electric light and power· what rates are not excessive for
a small village. An electric light and power company furnishes
light and power to a small village and adjoining hamlets during
certain hours. Its plant is run by water power from a small
stream augmented by a gasoline engine when the water in the
stream is low. The company has filed schedules of new rates
effective March 6, 1920, as follows: for lighting, fifteen cents

[Vol. 22] Public Service Commission, Second District

for the first 50 kilowatt hours, ten cents for the next 100 kilo-
watt hours and seven and five-tenths cents for all over 150
kilowatt hours, with no discount, and with a monthly minimum
charge of one dollar and twenty-five cents, .making about a 50
per cent increase over the old rates; for power, the new rates
are the same as the lighting rates with the exception of a
minimum charge of one dollar per horse power per month.
Held, that under present conditions, the new rates as filed are
not excessive and may be maintained until April 1, 1921, pro-
vided the company furnishes improved service as specified in
the order accompanying the opinion.

United States Railroad Administration - Pennsylvania Railroad,
In the matter of the petition of, under section 54, Railroad Law,
for consent to the discontinuance of the services of an agent at
the Pine Valley Station, Chemung county, 233.

Application in behalf of a railroad for leave to discontinue a
station on one of its branch lines denied. The petitioner herein
asks for leave to discontinue the services of an agent at a small
station on a branch of the Pennsylvania railroad located in this
State. The evidence shows that the business at said station has
fallen off materially and that the total revenue accruing to the
railroad from such station amounts to less than the agent's
salary which has been increased several times although the
business at the said station has decreased. Held, that the rail-
road's loss in operating said station is caused by the increase
of the agent's salary as well as by the diminution of business;
that it not having been shown that such salary is in reasonable
accord with the cost of personal service in that locality and that
such reasonable cost would entail a loss to the company greater
than commensurate with the public convenience of an agency
station, the petition is denied.

United Traction Company, In the matter of the petition (or com-
plaint) of, under subdivision 1, section 49, Public Service Com-
missions Law, and section 181, Railroad Law, as to increasing
passenger fare, 236.

In

The petition of an interurban traction company for permis-
sion to increase its rate of fare in each zone of its system to
seven cents granted· determination as to certain arguments
presented in behalf of one of the cities interested which are in
part independent of the essential merits of a rate case.
August, 1918, the petitioner was authorized to file tariffs
increasing its rates of fare so as to permit a rate of six cents
in each of two zones and a resultant fare of twelve cents
between the two zones with transfer privileges in each. The
present application is for a further increase to seven cents in
each of the zones with a resultant fare of fourteen cents on the
through line with similar transfer privileges. No attempt has
been made in the present proceeding to attack the evidence and
figures presented on behalf of the petitioner except by cross-

Public Service Commission, Second District [Vol. 22]

examination. The petitioner bases its claim upon the necessity
of the increased revenue in order to offset increased operating
expenses especially in its payrolls. Several of the cities and
one of the villages served by the petitioner advance the claim
of franchise conditions which would, unless waived, prevent the
Commission from authorizing any rates beyond those therein
fixed. Several arguments in behalf of the said cities and village
examined at length and determined in the opinion herein, and
the rule stated that whatever may be the power of a munici-
pality to limit a rate of fare to be charged by a street railway
within its boundaries as a condition for granting consent to
construct, it is settled for the present at least that it may not
undertake to fix rates for travel extending outside of the munici-
pality. For the merits of the application it must be stated
that the operating revenues have not risen to estimates made in
the 1918 opinion but that the operating expenses have increased
beyond the estimates then made. The higher labor cost is the
chief reason for this increase. A retroactive award was made
by the War Labor Board after the evidence was taken in that
case and before the decision. This involved an increase of
about $100,000 per annum. The estimates on which the six cent
fare was allowed were based on the expenses of operation in
1917. On July 1, 1919, further increases were made to prac-
tically all employees except those in the general office. The
estimate of the company as to this increase is $184,000 a year.
This figure has been found to be practically correct. The
maintenance of way and structures and maintenance of equip-
ment were computed on the average of eight other large urban
traction companies. The present expenses reflect the generally
inflated prices of the present day. No proof has been offered
of any extravagance on the part of the petitioner. Reluctant
as the Commission is to permit any further increase in rates,
there seems to be no escape and no method has been devised
whereby any lower or different rate than seven cents for each
zone can be justified. Ordered accordingly.

West Winfield, In the matter of the complaint of, against Charles
G. Senif (West Winfield Electric Company) as to increased
prices for electricity proposed to be effective January 1, 1920,
286.

Electric lighting - a rate of twenty cents per kilowatt hour
with a minimum charge per month of one dollar and fifty cents
not unreasonable in small village. The company filed with the
Commission its new tariff effective January 1, 1920, showing
a rate of twenty cents per kilowatt hour with a minimum
charge per month of one dollar and fifty cents, giving a return
upon capital actually invested of 6.7 per cent. The company
furnishes the residents of a small village with electric light,
lights the streets and pumps the water for the village water
supply. Held, that the rates are not unreasonable and will be
allowed to stand for a period not exceeding one year or until
February 1, 1921.

[Vol. 22] Public Service Commission, Second District

Wilkinson, Harry A., as President of the village of Clinton, Oneida
county, In the matter of the complaint of, against New York
State Railways as to passenger fare between Clinton and Utica, 1.

An increase in passenger rates sustained where the operating
company is not making an unreasonable profit from its oper-
ations. An interurban traction company built its line between
a village and a neighboring city under a franchise from the
village limiting the fare to be charged between the village and
the city; subsequently the traction company was consolidated
with other companies into an important interurban company,
which was allowed to increase its rates in one of the cities on
its lines from five to six cents and changed its schedule of rates
on the line first above alluded to, to meet the said increase of
rates. Held, that a franchise rate fixed by an agreement with
a village would stand as to that village but could not restrict
the authority of other municipalities to agree upon a franchise
rate to be charged in such municipalities nor restrict the power
of the Commission to alter interurban rates between such
municipalities in a proper case; also, that despite the increase
complained against, the company is not making an unreason-
able profit from its operations on the road concerning which
such complaint is made, and it would seem that the increased
rate should be permitted to stand. At any time hereafter if
the facts warrant, the fare may be reduced.

Wynantskill Hydro-Electric Company, In the matter of the com-
plaint of Sand Lake Board of Trade, Rensselaer county, against,
as to proposed increase in rates.

Wynantskill Hydro-Electric Company, In the matter of the com-
plaint under sections 71 and 72, Public Service Commissions
Law, of customers living in the town of North Greenbush, Rens-
selaer county, against, as to increase in rates for electricity, and
as to service, 163.

A schedule of increased rates adopted by an electric power
company sustained as reasonable. These two cases against the
same electric company were heard as one case. The company's
present rate, just established, is based upon fourteen cents per
kilowatt hour for light and fourteen cents per kilowatt hour
for power for the first 100 kilowatt hours, with lower rates for
quantities in excess of 100 kilowatt hours. These rates repre-
sent an increase from ten cents per kilowatt hour for light
and power. It has been shown that the electric light company
rents its lands and appurtenant water rights from an estate;
that the population of its territory is only about 2,800, being
more in the summer than in the winter; that its line is about
twenty miles in extent, lightly built and serves 325 customers,
about sixteen per mile; that the electric company during the
pendency of these cases applied to the Commission for an
order restraining a knitting company from crossing its terri-
tory in order to reach a transmission line of an electric railroad
company, and that as a result of a settlement in this last men-

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Education Department

[Vol. 22]

tioned case, the electric company has now three sources of
power
that of the said electric railroad company, its own
hydro-electric plant and its own steam plant. From the facts
and figures brought out it appears that with expected revenue
of $8,580, less expenses of $7,121, there remains a balance as
net profit of $1,459 or less than eight per cent on the invest-
ment. Held, that the present rate of fourteen cents per kilo-
watt hour should be permitted to stand as a maximum until
October 1, 1920, and until the further order of the Commission.

EDUCATION DEPARTMENT

Attica, Wyoming county, In the matter of the appeal from the
order dissolving district No. 11 of the town of, and annexing its
territory to district No. 6 of said town, 570.

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Consolidation of districts. when order of district superin-
tendent will be set aside. Although the district superintendent
is given broad powers under section 129 of the Education Law
for the consolidation of school districts, his action, however, in
such matters is always subject to review on appeal. While
there is a presumption in favor of the advisability of consoli-
dation when ordered by the superintendent, such presumption
may be overcome by proof. Where, therefore, it appears that
no positive educational advantages are to be gained by con-
solidating two districts, the order of the district superintendent
consolidating them will be set aside.

Bethlehem, Town of, Albany county, In the matter of the appeal
from the order dissolving district No. 11 of, and the annexation
of its territory to district No. 7 of said town, 300.

Consolidation of districts approved. By reason of the exten-
sion of the boundaries of the city of Albany considerable por-
tions of districts Nos. 11 and 12 in the town of Bethlehem were
added to the city. Thereafter by order of the district superin-
tendent the remaining portion of district No. 12 was united with
the adjoining district No. 7, making a district with an assessed
valuation of over $700,000. The tax rate for school purposes in
district No. 11 is nearly ten times the tax rate in district No. 7
as the assessed valuation of property in district No. 11 is only
$75,000. Held, that it would be unfair to permit one district
to suffer from the extension of the city boundaries while an
adjoining district receives benefits and advantages far in excess
of its necessity, and the order of the district superintendent
dissolving district No. 11 and annexing its territory to district
No. 7 will be approved, and that the consolidated district main-
tain two schools, one for the pupils in former district No. 7
and one for the pupils in former district No. 11.

Blum, Benjamin, In the matter of the appeal of, relative to the
transportation of his children to district No. 11 of the towns of
Otisco and Tully, Onondaga county, 676.

Transportation and tuition of children-proof of residence.
In the absence of satisfactory proof of residence in a district