New-York tribune., 1919-10-07

ures and examine leases and agree
ments that will consume time.
Before any such conference can be
seriously considered, and as an evil
dence of good faith on the part of
those acting by and under the au-
thorlty of United States District Judge
Mayer, there must be reversal of
the policy for which Judge Mayer is
responsible, of denying to myself and
other members of the Board Of Est-
mate and Apportionment any access
to original sources Of information con-
cerning the property and affairs of
these various public utility corpora
tons holding franchises to operate in
the streets Of New York.
Receiver of Their Own Liking
"Whcn the applications were made
to Judge Mayer in the friendly pro-
ceedings instituted by those interested
III these corporations for the appoint
ment of receiver of their own liking,
if not of their own selection, the Cor
poration Counsel of the City Of New
York, acting under instructions from
the Board Of Estimate and Apportion-
ment given at my instance, urged upon
Judge Mayer that he appoint an addi-
tional or co-receiver acceptable to the
Board of Estimate and Apportionment,
to see that the facts and conditions
Of the corporations involved were
fairly and fully presented to the United
States District Court in the course of
the receivership, so that any orders or
DEGREES that might be made by the
court would be fair and just to the
City of New York, and the members
of the Board of Estimate and Appor-
tionment might be accurately informed
with respect thereto in order that any
action deemed necessary by the city
might be taken.
"As you must be aware. it is very
common thing in largo receiverships
to appoint additional receivers, par
ticularly where there are varied and
conflicting interests. and 1 have never
been able to understand why in q
matter of great public concern such
as this Judge Mayer set himself
against it.
Refused to Grant Any Relief"
"lt was clearly understood that con-
ditions were certain to develop in these
recelverships where the responsible au-
thorities would be urged to take action
which no honest or intelligent man
could be expected to consider without
the most exact and complete informa-
ton upon the entire subject. Judge
Mayer refused to grant any of the re-
denied the relief, but he made orders
which preclude any application being
made by the municipal authorities to
any other court or judge for any right
of examination into the affairs or con-
dltlons Of these corporations seeking
municipal aid and favor.
Truth is the mightiest weapon in
every controversy. The orders of Judge
Mayer deny to the municipal authori-
ties the opportunity to ascertain the
truth.
"The franchises and rights enjoyed
by these corporations were mostly all
procured many years ago when cor
rupt political rings were in control of
public affairs and the darkest scandals
of municipal history, both in the old
City of New York and in the City of
Brooklyn. prior to consolidation, are
those in relation TO such grants.
"The affairs Of the franchise holding
corporations have been in the hands OF
the boldest and most unscrupulous
manipu.atols engaged IN the exploita-
ton os the rights obtained from COR
cupt political rings. Up to the present
rncment they have deAed every power
tbs. nas sought to open up the books
and original records for search and
examination in the public interest.
They will open and open wide without
any reservations or restrictions before
there will he any conference so far as
am concerned.
"a INDUSTRIOUS Thing"
ut seems to me a monstrous thing
that an order of Fedora! Judge in
court Of equity should stand between
the pdblic and the truth under such
circumstances. Such an order is hos
tile to every interest Of the city Of
Kew York in these controversies. It's
operation and etTecy are to disarm the
municipal. authorities, to deny them
eho most effective instrument Of re-
1reas, and to force them into con-
test with corporate powers entrcnchcd
in darkness and conccalment.
"TSc responsibility for the turmoil,
delay and dissatisfaction that have fol-
loved upon the orders Of Judge Mayer
denying TO the City of New York any
representation in these receiverships,
rests upon those who procured and are
protected b. such orders.
CAS- a first and preliminary evidence
of good faith, those who desire such a
conference and reasonable solution
of existing complications should pro-
cure the entry Of orders by Judge
Mayer putting the City Of New York
on an equal footing with the private
interests active in the recciverships.
4 refusal to do this can but prolong