The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-09-18

declaration that the law Is to remain un.
, changed. Very truly yours.
WILLIAM JAY SCHiEFfELiN.
Chairman. Citizens Inion.
The Mayor replied on September, s
| that he had thought Mr.. Schieifelin in
tended to he fair. He said:
SIR. Your letter of September is at hand
| II you are satisfied with your circular
| have nothing further to say. had sup.
posed that your intention was to be fair
You speak ofthe Mayors veto over franc hi.e
matters. The Mayor has no veto over
franchise matters and never had. II II a
pity that there is so much partisanship
abroad here over municipal matters. The
crop OF falsehocds which comes from II IL
as large a. | ever knew II to be. have
been for over a generation trying to do
away with petty politics in municipal mat
ters and have hoped that a large result
had been reached. Very truly yours.
W. J. GAYNoR. Mayor.
Mr.. Schieffelin replied on September Q:
Hon. William J. Goyaor. Mayor. Nsr York
Cdp:
DEAR SIR: Your letter of September is
at hand. note that you persist in the view
that the requirement OF the Mayors sepa.
rate assent to the grant Of a franchise Is
not veto. Won't you acknowledge that
there IL no difference between such an abso-
lutte requirement OF separate assent to the
validity Of franchises and an absolute veto
Of franchises? II the new charter should
be enacted and you should withhold your
separate assent to a franchise for operating q
the new subway lines. this would amount
to an absolute veto Of the franchise.
I cannot believe that a lawyer OF your
experience does not appreciate this fact
M Othcr layCar Of al IA
know. takes any different view.
You admit that the Mayor has no veto
over subway franchises and never had.
Why not frankly admit that the proposed
charter gives him the power to block all
transit relief? Yours truly.
WILLIAM JAY SCHIEFFELIN
Chairman.
And got this answer. dated septem-
ber u:
DEAR SIR; Your favor OF September q
makes it very clear that you have not yet
learned that under the present charter the
Mayors separate consent is necessary to
the granting Of any franchise and that
| that Ia also true under the rapid transit
act. Very truly yours,
". j. GArNoR. Mayor.
September 10 being Saturday last. Mr..
Schiefelin. 80 far as is yet known. has
nuu tItc ioot WOtu 40 iOuOWo III n IcttcT VI
that date:
DEAR SIR: Your letter OF September u
is At hand. and II difficuit TO reason with
a man who writes on September 5 that
the Mayor has no veto over franchise mat =
ters and never had" and who writes on
September u that the Mayors separate
consent is necessary to the granting Of any
franchise"
The law on this point is clear. Your
first statement of it-that OF Septcmb s.
ia true as to subway franhcises. Your
second statement of it--that OF Sept EN- ber
iI-is untrue. The Charter in section ~,
as | have already told you. expressly de-
clares that the Mayors veto shall not ap-
ply to any franchise. right or contract
authorized by the Board OF Rapid Transit
Railroad Commissioners OF the city Of New
York" The rapid transit act. although
to act with the Board Of Estimate in giving
| the city's constitutional consent to a rapid
| transit route-which you will observe. Ia
! a very different thing from the right granted
| to private corporation TO operate the
| route-in all matters relating to grants OF
| the right to operate a route ,see sections
22-,, -. 30. As and 81, ignores the Mayor 4
very existence.
The issue between us is now plain. am
| content to leave 1t to the people to say
who has been honest in this matter and who
has been dishonest. To that end | am
making the correspondence public. Yours
very truly.
WILLIAM JAY SCHiRFpKLIN.
Chairman.