The People of the State of New York ex rel. The Long Island Railroad Company, Relator, v. The Public Service Commission of the State of New York for the First District and Edward E. McCall and Others, as Commissioners, Constituting The Public Service Commission of the State of New York for the First District, Respondents

The People of the State of New York ex rel. The Long Island Railroad Company, Relator, v. The Public Service Commission of the State of New York for the First District and Edward E. McCall and Others, as Commissioners, Constituting The Public Service Commission of the State of New York for the First District, Respondents. First Department, July 10, 1916. Public Service Commission — railroad—jurisdiction of Public Service Commission to establish, stations. The establishment of stations requiring adequate facilities for the traveling public is peculiarly within the power of the Public Service Commission. An order directing the'establishment and maintenance of a station on the Long Island railroad and leaving the details of operation, such as the time within which trains must stop, entirely within the control of the company, should be affirmed. Certiorari issued out of the Supreme Court and attested on the 8th day of March, 1915, directed to the Public Service Commission of the State of New York for the First District and to the members thereof commanding them to certify and return to the office of the clerk of the county of New York all and singular their proceedings had in directing the establishment and maintenance of a station on the Long Island railroad at South street, Jamaica. Louis J. Carruthers, for the relator. H. M. Chamberlain, for the respondents. [MAJORITY — Page, J.:] Page, J.: The order was made after a hearing before the Public Service Commission, in which witnesses were called in behalf of the petitioners and the relator. The principal complaint of the railroad company is that the establishment of this station, which is seven-tenths of a mile distant from the main Jamaica station, and eight-tenths of a mile from the Cedar Manor station, will cause a delay in the express service of the railroad, and that as the Long Island railroad is a steam railroad and not a street surface or interurban road, the regulation of its commutation traffic is peculiarly within the powers of the railroad and not of the State. (Citing People ex rel. N. Y. C. & H. R. R. R. Co. v. Public Service Commission, 215 N. Y. 241, 254.) That case related to commutation tickets and the increase of rates, and is not applicable in any way to the present case. The establishment of. stations, requiring adequate facilities for the traveling public, is peculiarly within the power of the Public Service Commission delegated by the Legislature. (See Pub. Serv. Comm. Law [Consol. Laws, chap. 48; Laws of 1910, chap. 480], § 50.) Unless this discretion is abused, and the order is clearly unreasonable, the Commission’s determination should not be disturbed. This order does not attempt to regulate the time within which trains must stop at this station, but merely requires the establishment of the station and leaves the details of operation entirely within the control of the railroad company. In our opinion the company has not shown that this requirement is unreasonable or unjust, and the writ should be dismissed, and the determination of the Commission affirmed, with fifty dollars costs and disbursements. Clarice, P. J.,. McLaughlin, Scott and Smith, JJ., concurred. Writ dismissed and proceedings affirmed, with fifty dollars costs and disbursements.