The Cornell Law Quarterly Volume 1-5

Download or read book The Cornell Law Quarterly Volume 1-5 written by Cornell University. College Of Law and published by Rarebooksclub.com. This book was released on 2013-09 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...increase of a franchise rate by the state, but that the rule is otherwise where a private property right is involved." Is it not legally conceivable that if street railroad and elevated fares remain at five cents and private or municipal bus lines are placed in service that an increase in subway fares will yield a smaller gross revenue than under existing conditions? Has not the city the right to determine whether it will stand upon its contract, and if this right is taken away by legislative action, has not a private contract right been impaired?" On the other hand does a contract between the city as landlord and the operating company as tenant, in so far as it fixes rates of fare for the use of property affected with a public interest, stand upon any diflerent footing than any other contract fixing rates, and which is deemed to be made subject to the exercise of the paramount police power of the state?" Here are questions which must be answered by the courts before it can be said that the maximum fare fixed by the subway contracts may be increased by legislative action. If they cannot be so increased, the dual subway contracts must be modified by concurrent action of the Transit Construction Commissioner, who has succeeded to the powers of the Public Service Commission with respect to subway matters," and the Board of Estimate acting for the City of New York. "L. 1891, Chap. 4, sec., "Admiral Realty Co. v. ity of New York, 206 N. Y. I10 (I912). "gmrating Contracts of March I9, 1 I3, Article XLIX. " atter of Rapid Transit Comm's. (goralemon St.), 197 N. Y. 8 (1909); PeoKley; Cran(e, 165) App. Div. (N. Y.) 449, 459 (I914). rev. on the other grounds, 214.. 154 I915. 'L. 189, Chap. 4, sec....