Executive Order No. 33 of N.J. Gov. Driscoll

Authorizing the seizure of the plants, offices, facilities and equipment of the Public Service Coordinated Transport and of the Public Service Interstate Transportation Company used in public transportation in New Jerssey.

WHEREAS, after investigation, I find as a matter of fact that the Public Service Coordinated Transport, and the Public Service Interstate Transportation Company, corporations of the State of New Jersey, and public utilities within the meaning of Chapter 38 of the Laws of 1946, and the Amalgamated Association of Street, Electric Railway & Motor Coach Employees of America, A.F.L., Locals Nos. 819, 820, 821, 822, 823, 824, 825, 862, 880 and 947, representatives for colective bargaining purposes of employees of the Public Service Coordinated Transport, and the Public Service Interstate Transportation Company, have not reached and executed a final agreement in writing as to all conditions of employment affecting such employees through collective bargaining; and

WHEREAS, I do find that, as a matter of fact, that such threat of interruption of the operation of the transportation facilities of the above-named public utilities jeopardizes the public interest, health and welfare, and the exercise of the authority vested in me by law is necessary to insure the operation of such public utilities.

NOW, THEREFORE, by virtue of the power conferred upon me by Chapter 38 of the Laws of 1946, as amended by Chapters 47 and 75 of the laws of 1947, and Chapter 14 of the Laws of 1950, and as supplemented by Chapter 308 of the laws of 1949, and particularly Section 13 thereof, I, Alfred E. Driscoll, Governor of the State of New Jersey, do hereby proclaim and order the following:

(1) The Treasurer of the State of New Jersey, Walter T. Margetts, Jr., is hereby authorized and directed to take possession of the plants, offices, facilities and equipment of the said Public Service Coordinated Transport, and of the Public Service Interstate Transportation Company, located in the State of New Jersey, or such part or parts of each of said plants, offices, facilities, and equipment as may be necessary and to the extent that may be required for the purpose of carrying out the provisions of this Order so that the people of this State may have the benefit of necessary and essential transportation service and that the public interest, health and welfare shall not be interfered with.

(2) The Treasurer of the State of New Jersey, Walter T. Margetts, Jr., as aforesaid is further authorized and directed to take possession of any and all real and personal property or any other assets wherever the same may be situated which are used or shall be necessary to be used in connection with the operation of such plants, offices, facilities and equipment and to operate and arrange for the operation of such plants, offices, facilities and equipment in any manner necessary in order to continue the transportation service of the aforesaid public utilities, and to take any and all other steps that may be necessary to carry out the provisions of this Order.

(3)The said Treasurer of the State of New Jersey, Walter T. Margetts, Jr., as aforesaid shall have authority to do such acts as may be necessary for the purpose of bringing into operation the provisions of the aforesaid statutes requiring arbitration of the labor dispute between the said public utilities and the employees represented by said Unions and for the purpose of protecting the public interest, health and welfare.

(4) Said Treasurer of the State of New Jersey, Walter T. Margetts, Jr., shall continue to operate the plants, offices, facilities and equipment of said public utilities, as provided herein, until otherwise directed by executive order of the Governor.

(5) This order shall take effect immediately.

EXECUTIVE ORDER No. 33