New-York tribune., 1919-09-08

Mayor Called
Demagogue by
Citizens Union
declares Continuation of
Present Policy OH Transit
Problems Calls for Con-
! sideration of Removal
"LTnwilling to Seek Facts
Hylan's Whole Position Is
Said To Be One of OBJ
struction and Spoliation

The Citizens Union declared yester-
hv in prepared statement that con-
+;nuation OF Mayor Hylan's present pol
;,v in regard 10 transit problems would
,ustifv the Governor IN idering his
removal
The statement was issued by the
,non's secretary. Walter T. Arndt, and
+ will appear in the forthcoming issue
A. The Searchlght." the Citizens
Union publication. The article follows,
in part
nsrsuaded the Legislature II pass his
Xii which removed the then Public Ser
vce Commission from office and re-
oaced it by q single commissioner in
Charge Of public utility regulation and
another single commissioner n charge
n completing subway construction
The chief reason then urged n support
of the bill, which the Citizens Union
anposed. was that the Governor would
mon its enactment. be enabled to ap-
mint commissioners with whom the
t;.y officials would be compelled 10 CO.
opera:e in solving the transit prob
lens which beset the city then and
which have grown increasingly serious
since This cooperation. it was prom
sed. would end the protracted batting
Al the previous commission. which had
been carried on by the Mayor and the
Controller. TO the disgust Of all who are
less interested in petty politics than in
the orderly effective administration of
our public affairs.
Delaney Gets Funds
Il. : true hat the appointment o.
member Of the Mayors cabinet. John
peiansv. a Transit Construction
Commissioner has brought about har-
nory in the administrative routine OF
subway construction. Commissioner
Delaney has been able to get some ap-
,opria-ions FOR his staff which were
REUSED TO his predecessors
"On the other hand. the Governo
appointment of Lewis Nixon as Public
Service Commissioner has been signal
" unsuccessful as I means Of solving
the pressing question Of street railroad
fares Tie Governor iS not =. fault.
The Mayor has played the dem gogue
in his relations with Mr.. Nixon even
more than in his pickering with the
previous commission. Indeed. the
Mayor has gone so far IS 20 threaten
to jail Commissioner Nixon.
The Mayors policy throughout ap-
pears to be one OF destruction and
spoliation To the accompaniment. Of
faring headlines in the Hearst papers
he simply stands pat upon his position
that under no circumstances will the
: city administration consent 10 an m
crease OF fare.
Unwilling to Ascertain Facts
Except for rash demand. speedily
complied with. tina. the lnterborougn
open its books and vouchers Tor eX-
animation by his accountants, the
Mayor mas appeared unwilling to ascer-
lain the facts as to the financial con
dltion Of the transit companies, and
has been even less willing TO work
with Commissioner Nixon in an at
tempt to find constructive solution
Of the problem, such as might result
IN the immediate termination o. per-
9etual franchises, in the elimination
81 the companies preferential under
me dua subway contracts and other
decided public advantages in exchange
.Or temporary relief to the companies.
"The Mayors purely negative pohcy
appears 10 be founded upon his absurd
belief that, II he can wreck the COM
panes. ths city can acquire their prop
r,y al the price Of scrap. That, Of
course. would never be permitted by
the courts.
In ,As situation Commissioner
Nixon With all other methods OF solu-
Ion forec.osed to him and with a sus-
pension of vital service threatened,
may, indeed nave exceeded his juris-
clction IN allowing al increase OF fare
% the Nov York & North Shore
Traction Company, when operates in
Queens Borough. That, however. Is &
question of law which should be sub
mltted to the courts promptly and un-
accompanied Oy tne personal attacks
'i one public Official upon the other.
Latest Court Decision
the latest Court Of Appeals decis on
Buffalo case. july Is, 1919. There the
street railways had agreed with the
I City OF Buffalo. IN the so-called Mil
olrn agreement. 70 establish unlfotm
aYe-cent fare. Prior to this agree
nent none Of the ROADS nad been sub
!ect to any condition mpcsoL by the
local authorities affecting rates, ana
some OF the franchises h4n oeer
granted prior 20 the constitutional
amendment O. 1870, tlcn required the
consent Of local authorities and which
was involved in the Qu.n05' case.
Inc NlIburn agreement expressly
Provided that nothing in this contract
contained shall be construed to prevent
me legislature from regulating the
ares Of said companies. The question
vas as to the jurisdiction Of the Pub
nc Service Commission 10 increase
ares The court held IN the aifirma-
I'VE upon the ground that the reserva-
~on Of the Legislatures power 20 reg
ua'e fares included the Legis lature' 5
r9wer per to increase them. and that the
,golic Service Commission was thu
Vs'egate of the Legislature for that
I pafpose.
| Even if. however. Commissioner
Ma0n has stretched his jurisdiction in
e case Of the New York & North
s'Vre Traction Company, the remedy
oy orderly process Of law and not
abuse. II the court should hold
~M 10 De without power. such a de
@'n would but emphasize the duty