The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-09-08
SUGGESTS MAYOR
SHOULD Be OUSTED
W. T. Arndt, Secretary Of Citi-
Gems Union, Thinks Cover
nor Should Act.
TRACTION TANGLE BASIS
Blames Him for Failure to Co
operate With Commits
sioner Nixon.

walter 7. Arndt, secretary VI eno
Cftizens Union, yesterday suggested that
Mayor Hyian had afforded to Gov.
Smith Justification for the Mayors re-
moyal from once. This consists. accord
ing TO Mr.. Arndt's statement in his fall
ure to cooperate with Commissioner
Nixon IN the solution OF the tangled
transit situation.
Mr.. Arndt contends that II the Mayor
and the commissioner worked together
there would be no opportunity Tor the
immediate termination OF the perpetual
franchises and the elimination OF the
companies preferential positions unoer
the dual subway contracts. Whetner
Commissioners Nixon exceeded his jur1s-
aiotion in permitting the New York ana
North Shore Traction Company to In
crease its fares above the franchise
limit, Mr.. Arndt says. II 10 matter for
adjudication at law. He gives con-
else summary OF the recent Court OF APP
peaIs decisions bearing on the fare IN
crease question which shows that there
IL ground for Commissioner Nixon's as
sumption OF jurisdiction as well as
grounds against It
He reviews the history OF the legtsla-
ton recognising the commission for
the cooperation which has not devel-
oped. His statement says in part:
sThe Governors appointment Of Lewis
Nixon as Public Service Commissioners
has been slgnally unsuccessful as
means of solving the pressing question
Of street railroad fares. The Governor
10 not at fault The Mayor has played
the demagogue In his relations with Mr..
Nixon even more than in his pickering
with the previous commission.
"sfuddle. Grows WORSE"
meanwhile the traction muddle in
this city grows increasingly worse Ser
vice could hardly be more wretohed.
Strikes have temporarily thrown the city
into chaos. When they have occurred
the Mayor has been tolerant of violence.
as in the case of the B. r. t, strike. or
he has impeded an adjustment. as In
the case Of the marlborough strike. when
lie bullyrasged 'conspirators.' instead of
restoring service first and leaving to the
District Attorney the investigation OF
charges of conspiracy. Considerable in
creases of wages to traction employees
have created or increased company
deficits. More receiverships threaten.
'The Mayors policy throughout APP
pears to be one of destruction and
fiaring headlines in the Hearst papers
he simply stands pat upon his position
that under no circumstances will the
city administration consent to an In
crease of fare. Except for rash de-
nand, speedily complied with. that the
marlborough open its books and vouch-
ers for examination by his accountants.
the Mayor has appeared unwilling to
ascertain the facts as to the financial
condition of the transit companies and
has been even less willing to work with
Commissioner Nixon In an attempt to
find a constructive solution of the prob
lem, such as might result In the im-
mediate termination OF perpetual fran
chises, in the elimination of the COM
panies' preferential unden the dual sub
way contracts and other decided public
advantages in exchange for temporary
relief to the companies.
''The Mayors purely negative policy
appears to be founded upon his absurd
belief that IL he can wreck the COM
panies the city can acquire their prop
erty at the price of scrap. That of
course would never be permitted by
the courts. Or the Mayor may still
believe that municipal buses are the
panacea for our traction Ills. But the
city cannot afford municipal buses both
because OF financial limitations and
because existing surface traffic conges-
ton is about as great as our popula-
ton can bear.
I'm this situation Commissioner
Nixon, with all other methods Of solu-
ton foreclosed to him and with a sus-
pension of vital service threatened, may
indeed have exceeded his Jurisdiction In
allowing an increase Of fare to the New
York and North Shore Traction Com
pany. which operates In Queens Borough.
That. however, IL q question of law
which should be submitted to the courts
promptly and unacconpanied by the per-
sonal attacks of one public official upon
the other.
Remedy In In Law.
"Even II. however, Commissioners
Nixon has stretched his Jurisdiction the
remedy is by orderly process Of law and
not by abuse. II the court should hold
him TO be without power such a decision
would but emphasize the duty of the
Mayor to cooperate with him In working
out constructive plan. II the Mayor
continues then to disregard that duty
IL may well become the task of the
Governor to consider whether, by reason
OF that and other evidence OF unntnesa
for office, the Mayor should not be re-
moved from Office"
The Court OF Appeals decisions on
this question quoted are the Quimby
case. decided in April, 1919, where the
court held that the Legislature might
have had the right to raise fares IN
view OF the fact that the companies
contract with the city reserved the
legislative right to regulate, but that
the Legislature had not delegated this
right to the Public Service Commission
the South Glens Falls gas case of jan
uary. 1918, holding that the commission
had power to raise the gas rats above
that In the franchise because the fran
chise restriction was for the benefit OF
the general public and not for the
municipal government, which was the
contractual party. and the Buffalo case
decided In July Of this year where the
court permitted the Public Service Com.
mission to increase the rate above that
agreed to because the Legislature BY
this time had delegated this power tc
the Public Service Commission and tbs
agreement provided for legislative regu.
1ation.
There are remraks of the court in the
last named case. says Mr.. Arndt, which
may lay the basis In future case fol
the contention that Commissioner NixoI
had the power which he exercised In the
New York and North Shore decision.