New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-09-18
Difficult to Reason with Him,
SAYS Citizens Union Chairman.
MAKES LETTERS PUBLIC
Show That in Nine Days Mayor
Reversed Himself on Question
of Separate Consent.

Through a general circular appeal for
funds, one copy Of which reached Mayor
Gaynor. togethre with about $500. other
citizens. the Citizens Union has stirred up
4 definite argument with the Mayor over
his prospective powers under the new
charter over transit franchises and con-
tracts
The argument which was carried on by
mail. began when William Jay Schefeiin'
chairman OF the Citizens Union, sent out
the appeal for funds on August q, the es-
sence Of which was that the new charter
would "annul the fusion victory Of 1909.
throw the transit situation again into con-
fusion by enabling the Mayor to upset
nearly all the decisions that have Just
/ been reached as TO subway extension. and
cast the city into the hands Of body of
public officers with uneXamped powers
and diminished accountability.
According to the statement made public
Yesterday by the Citizens Union, Mayor
| Gaynor replied on August IS, saying he had
/ found that the letter was sent to him by
mistake. i'm the confusion of sending it ont
to citizens generally The Mayors first
reply continued
Permit me to say that | am astonshed
| signed to such a letter. Every word IN II
| concerning the Mayor Is not only false
mood. but must be known TO you TO be
! falschoOd. unless your knowledge OF such
| matters is not equal to that of an ordinary
! citizen. ] would suggest that you go L"
I some Of the hackers Of the Citizens Onlon'
! who a few years ago managed to sell 10
! the city for A,j00000 a piece OF land worth
/ by no means to exceed Sl,OOJOoO. Your mo-
, tives are too transparent. am in TINS
! Office to appoint honest men and do justice
] fp no Of
/ perfectly we'll but YOU are not honest
enough TO come out and say so.
Mr. schienclin replied on September J..
saying that every word in his first letter
/ concerning the Mayor was strictly borne
out by Section 1893 of the proposed charter.
! (which declares that the rapid transit act
/ is not affected by the proposed charter, eN-
cept az otherwise provided, and then inserts
I this proviso:
! "'Providcd that a. 10 any matter regGir-
/ ing the consent Of the Board Of Estimate
/ and Appointment under the rapid transit
/ act or am amendment thereof the sepa-
! rate consent of the Mayor shall also be
/ necessary
The chairman OF the Citizens Union then
/ points oW that Section ~ Of the prcycnt
charter expressly withholds from the May
I
/ tracts adding that the grant OF such power
/ in the proposed charter would never have
/ been proposed n the Mayor had not found
/ himself in disagreement with the other
members of the Board Of Estimate on the
question Of new subways Four days later
the Mayor replied wtAl a brief letter In
which he deplored the spirit of partisan
/ ship I'm municipal affairs
I l. NT.Ns r..t
! franchise matters" said Mayor Gaynor in
this lettc~ "The Mayor has no veto over
/ franchis, matters and never had"
Replying to that Mr. Schieifelin asked
the Mayor 10 admit frankly that there was
absolutely no difference between the re-
quirement Of the Mayors separate consent
to the grant OF a franchise. and the power
Of absolute veto over a franchise lie
wrote:
II the new charter should be enacted. and
YOU should withhold your separate assent
| ia franchise Tor operating the new sub
way lines this would amount TO an abso-
lutte veto OF the franchise. ] cannot be-
| lieve that a lawyer OF your experience does
not appreciate this fact No other lawyer
of standing. 30 far "a ! know, takes any
different view
on September "A the Mayor sent his last
D
not so brief that the recipient was unable
TO find 4 handle in IL for a hot retort
Your favor OF September makes II very
clear that you have not learned that under
the present charter the Mayors separate
consent is necessary 10 the granting of any
franchise and that that Is also true under
the rapid transit act" wrote Mayor Gay
nor
81 find II difficult to reason with man
vim writes on September . that the Mayor
has no veto over franchise matters and
meyer had and who writes on September
"a that the Mayors separate consent IL
necessary 10 the granting II any fran
csise.' replied Mr.. Scbieffelin. Your first
statement-that OF September 5-is true as
to subway franchises; your second state
ment-tnnt Of September li-is untrue
Mir Schieffelin ended with the onor 10
leave II 10 tho public 10 determine who had
been honest in the matter ana who had
been dishonest, and To that end announced
ia INC MHVor that he was golnB 10 make
Tire correspondence public.