New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-03-15
Legality of Move to Quiz
Mayor and City Off,
Gals Questioned
Old Law Is Opposed
Measure Used in Fight to Pre-
vent Action on Central Prof.
ect Called Unconstitutional

Charles z. Hughes appeared in court
for the city yesterday 20 assail the
methods of opponents of the pending
Riverside Drive-New York Central con-
tract. to find several legal flaws in their
move 20 examine Mayor Mitchell and
city officials on the subject and TO
question the legality of the ancient
and unused measure under which the
proceedings had been instituted.
Lawyers who heard Mr.. Hughes's ar
guments before the Appellate Division
Of the Supreme Court in Brooklyn pre-
dcted that Section 1884 of the City
Charter. under which William NJ. Ben
nett had obtained an order for the ex-
animation Of the Mayor and practically
everybody associated with the West
Side project. never would be invoked
again II had not been used before eX-
cept In the prosecution of the Morse
Van Wyck ice trust
The complicated legal tangle grows
out Of Mr. Benefits application for an
injunction against city officials to pre-
vent final action on the proposed River
side Drive agreement two months ago.
Corporation Counsel Hardy permitted
the issuance of the temporary injunc-
ton without defending the suit. in or
der to avoid prematurely exposing the
legal programme of the city.
Quick Move by Bennett
But Mr.. Bennett was not content 10
permit this. In a surprise move week
ago he invoked the aid of the unused
Section 1884 and obtained an order
from Justice Cropsey. in the Supreme
Court of Kings County. under which
Mayor Mitchell and his advisers were
ordered to appear before Justice Crop
sey for examination last Saturday
morning.
Then Mr.. Hughes made his move.
with the result that Justice Cropsey
was called before the Appellate Divl-
sion yesterday to show cause Al
though the court reserved its decision
IN the case. it was generally admitted
that the city administration was ahead
in the game Of legal surprises as re-
suit of Yesterdays proceedings.
Mr.. Hughes began his argument by
citing many reasons why the proposed
contract should be adopted. He named
the elimination Of deadly grade cross
ings, freight congestion and the re-
sulting high cost Of living as the most
important Of these. lie called atteu-
ton to the almost unprecedented pub
Lefty that Mayor Mitchell had given to
the plans for relieving these conditions,
10 prevent any complaint that no OPP
portunity for a hearing op the subject
had been given. Then fe explained
how Justice Cropsey had refused to
grant continuance TO the city when,
on application of Mr.. Bennett for tho
Temporary restraining order 20 pre-
vent action on the contract. Corpora
ton Counsel Hardy had said that h.
was not prepared to proceed.
Calling of Officials
Il was at this juncture, he said, that
tho five taxpayers named in the present
proceedings as plaintiffs, obtained an
order from Justice Cropsey under the
section OF the charter which he later
asserted was unconstitutional. In,
language Of the section permitted the
calling Of the officials on the theory
that they were "delinqueDts who had
violated the law
NO charge of fraud was made
against any Ouclal, nor any claim tuHb
anything had been agreed upon which
could be the subject of investigation
nothing but the fear OF future action,
which, however, had been rendered inn
possible, as their hands were tied
by the Injunction" said Mr.. Hughes.
Mr.. Hughes said there were numerous
grounds for holding that the section
under which the proceedings were in
stituted was unconstitutional
Even conceding the constitutionallty
Of the act, it does not apply 70 the
Mayor. as he was not named in the act"
said Nr. Hughes. Furthermore, the
moving papers are defective. as they
contain no allegations sufficient TO con.
fer upon the justice the limited special
jurisdiction attempted 20 be given By
the charter"
Unless decision Of the Appellate
Division is announced by Saturday
morning the time set for the hearing
of Mayor Mitchell and the other officials
who were ordered TO appear before
Justice CrOpsey continuance
will be automatically granted.