
    The People of the State of New York ex rel. The City of Buffalo, Appellant, v. The Public Service Commission of the State of New York (Second District) et al., Defendants. International Railway Company, Respondent.
    
      Public service commission — railroads —• Buffalo (city of) — authority of public service commission to increase rates of fare on street railway in city of Buffalo.
    
    
      People ex rel. City of Buffalo v. Public Service Commission, 201 App. Div. 867, affirmed.
    (Submitted October 2, 1922;
    decided October 17, 1922.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered April 4, 1922, which dismissed a writ of certiorari and confirmed a determination of the public service commission fixing the rates of fare to be charged by the International Railway Company, a street surface railroad operating in the city of Buffalo. It was contended that the public service commission had no power to increase rates of fare in Buffalo, because those rates were fixed by the so-called Milburn Agreement between the city of Buffalo and the predecessors in title and interest of the International Railway Company, or else were fixed by franchise consents, and that neither the legislature nor the public service commission could alter these rates without impairing the obligation of a contract between the city of Buffalo and the International Railway Company.
    
      William S. Rann, Corporation Counsel (George Clinton of counsel), for appellant.
    
      James C. Sweeney, Henry W. Killeen and Thomas Penney for respondent.
   Order affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, Crane and Andrews, JJ. Absent: McLaughlin, J.  