The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-08-30
CITES CRIMINAL CODE
Commissioner Defiant in
Answering Threat to APP
peal to Governor.
TRACTION MEN WARNED
Executive Quotes Statute Pro-
viding Fines for Overcharg-
ing Passengers.

Charging Public Service Commits
sioner Lewis Nixon with ''usurpation
of power and disregard of law" in
granting an increased fare to the New
York and North Shore Traction Com
pany, Mayor Hylan directed Corpora
4, ton Counsel Burr yesterday to con-
slider il summary action could not be
taken to protect the public against
this unlawful order"
1t seemed to him, the Mayor wrote
to the Corporation Counsel, that the
Commissioner had violated the penal
law, which says that any public Off
Ger wilfully disobeying any provision
of law regulating his official conduct
is guilty of a misdemeanor, punish
able by a fine not to exceed $1,000
or Imprisonment not exceeding two
years.
Writing to Commissioner Nixon, the
Mayor threatened to report him to the
Governor ostensibly in a request for
his removal, unless he rescinded the
North Shore order.
Commissioner Nixon lost no time in
defying the Mayor in a letter to him in
which he said:
IF you wish to take the responsibility
of interfering with the rights and COM
fort OF the people 1t is your prerogative
to ask the courrs to reverse my order"
In an earlier statement. before the
Mayors batteries had been unmasked.
the Commissioner, defending the order,
intimated that he had power to grant
:..c.e1sss e o:Ac- -o-s= aa1 --..sss.t. .c &C.
''Of course" he declared. there has
been no desire to establish precedents.
They are not needed; we have definite
powers and our duties are clearly
defined. Needless to say such powers
will be exercised as and when the needs
of the city demand"
Nixon Cites Court Decision.
In his letter to the Mayor the Com
missioner said that he had no intention
of overriding the Board of Estimate in
his action, that an emergency existed
and he had acted upon it. He called
the attention of the Mayor to a para
graph in the Buffalo decision of the
Court of Appeals reading: There are
times when the police power modifies a
~
those who contracted"
Referring to the threat made by the
Mayor the Commissioner had this to say
to him:
'If public official, acting under ad-
vice of counsel and satisfied that a GER
tain line of action is necessary, must
be threatened with a review of his
actions by the Governor by those who do
mot agree with him all independence of
action is destroyed.
Rubber stamp officials cannot COM
mand the respect and confidence of the
public nor conserve their own self-re-
spect
1T is reported in the public press
that you intend to apply for a rehearing.
Should this be done the request will of
course be granted. Every opportunity
will then be afforded TO show in what
respects this order is unwise. unjust or
contrary to law.
"And IL 1t be shown to be unreason-
able, unwarranted or illegal tha--0rder
made will be modified as Justice re-
quires."
The Commissioner cleaITy indicated
that he was in no mood-.o take orders
from the Mayor.
Certain definite duties were assumed
with this office" Ire wrote, "and while
most anxious to- cooperate with you
when possible in my work such duties
cannot always be kept in line with an
opinion whiah you maintain as a prece-
cent to any discussion"
The Mayors attention was called to
the fact that he attended the hearing
in Flushing where you failed to Sc
cure a single voice against the relief
which this community in public meet
ing suggested
Acted for PubIic's Bsneft.
Referring to the financial straits OF
the company the Commissioner added
that relief for II was merely incidental
TO his action in granting an increase
of fare. He thought most OF obviatlns
the inconvenience to which the public
would be put. he declared, compelled as
they would be II the trolley line shut
down, to walk long distances and pay q
greater fare on the Long Island Rail
road A part OF the same trolley system
outside of the city limits had received
permission from the upstate commits
zion to establish a zone system, this
maximum fare in which was 20 cents
the Commissioner said.
In writing to Corporation Counse
Burr the Mayor, who used to Oe Grim
inal Judge in Brooklyn. notified tho
read Of the city's legal department tha
Sin making this order Commissioner
Nixon has exceeded ms power. Int
Mayor told his Corporation Counsel tha
In the Quimby case the Court Of Ap
reals declared the Public Service Com
mission had no power to increase fare,
hxed in franchises and that the cour
had affirmed this in the Buffalo case
The Mayor called attention to the fac
that in his opinion granting two cen
charge for transfers the COMMISSIONS
had said he had made the order be
cause he was without power to gran
a straight increase In fare.
I'm my judgment" wrote the Mayor
ift Is intolerable that public officia
should assume 10 issue an order affect
ing the rights and interests Of the peo
ole OF tho city in deliberate disregard Of
oouttsaed o.. Thlrd Page.