The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-09-10
NIXON SEES SMITH,
THEN SWATS HYLAN
Tells Mayor His Questions on
Fare Increase Imply
What Isn't So.
PEPPERY IN HIS REPLY
Courts Action in Tying Mir.
on's Hand May Force Car
Tieup in Queens.
PEPPERY IN HIS REPLY

After a conference of more than =,
hour with Gov. Smith, who anno,r,.,
him. Lewis Nixon, Public Service Gov.
missioner. sent yesterday afternoo,
peppery reply to Mayor Hyian's effor, =,
put the Commissioner in hole in Regard
to his future intentions in the matt,
OF fare Increases
The Commissioner declared tina. ~.
Mayor. as always, had misunderstoo.
his meaning. and that the Mayors ou.,.
tons implied what was untrue. NJ,
Nixon intimated that the Mayor h,s
stayed the hearing on the Manhan,,
and Queens Traction Corporation annl,.
cation for zone system because he In,
Mayor) wished to avoid taking respon,l.
bility himself.
When asked TO talk about his confer.
ence with the Public Service Commits.
sioner the Governor said that he could
not be expected TO take up the tanSls IN
the traction system in detail at present.
that no was leaving It to Commissions,
Nixon.
Nixon Told to Go Ahead.
1t Is known that the Governor has told
his Commissioner not to worry any over
the abuse by the Mayor. but to 60 ahead
and act as he felt was proper regardless
of any threats from any source.
When It was announced YESTERDAY
that because of the order to show cause
why a writ of prohibition should not IL
Issued 1t would be necessary to postpon,
the hearing on the increased fare april.
cation of the Manhattan and Queens
Traction Corporation, counsel for the 70.
ceivers said they feared their employees
would quit work. They had given The
company until Thursday to get some re
lief from the Public Service Commission
Mayor Hylan got his self-questionsr
working again yesterday and asked him.
self this:
What have you TO say about the
threat OF the Citizens Union to have you
removed from Office because you opposel
an increase in fare7"
This question gave the Mayor the
chance to relieve his mind OF the declar.
alton that the Citizens Union was run
by three men-William ]. Schiefelin.
Leonard NJ Wallstein and Walter r.
Arndt, who try to tell public oticiab
how they should act
Whereupon Mr.. Arndt. secretary OF the
Citizens Union took the floor again last
night with the declaration that the
Mayors question to himself was with
characteristic contempt for fact"
The Citizens Union made no such
threat and did not even suggest any such
ground for the Mayors removal" sad
Mr.. Arndt THE Citizens Union did ss,
that ir the Mayor persists in his refusal
to cooperate with Commissioner Nixon
in working out a constructive plan for
the solution OF the traction problem the
Governor might have to consider whether,
by reason Of that and other evidence Of
unfltness for office, the Mayor should not
be removed. If the Mayor refuses u
meet Commissioner Nixon and to con.
slider these proposals temporarily and
fairly 1t may well be time for the Gov
ernor to consider drastic action"
Replying to the questions Of Mayor
Hylan, Commissioner Nixon in his letter
yesterday asserted that it had been his
intention from the start to investigate
the financial condition OF the Manhattan
and Queens Traction Corporation and
after ascertaining the facts TO have re-
lief extended through the city II pos
sible.
The Mayors Third Question.
The Mayors third question and Com
missioner Nixon's answer are as fol-
lows:
Q. DO you claim the legal right
modify and change existing city fran
chise contracts with the railroads ey
increasing the rate of fare provided 10Y
In such contracts without the consent o.
the city authoritles?"
A THE expression existing city iran
chise contracts with the railroads
exceedingly vague. Exactly what the
writer means do not appreciate 30,
called city franchises were grantee
prior to the year 1874, when the stA"
Constitution was amended, ana slnv
that time. The Qu!mby case apparehuy
makes a distinction between the WV
classes of franchises. / claim the lesA'
right to exercise all the powers con.
ferred upon me by the pubic seFTo.
commissions law as that statute va
been construed by the Court OF ~
peals." ~.
The Commissioner firmly ieseHts
Implication OF the Mayor that ne Is -, ar
tempting to block court adJud'cAuU"
of his powers in the matter OF iare AZ
creases. Quite TO the contrary ne w
clared, he was anxious to do every .i an.'
in his power to hasten such de'erln'i''
ton by the courts. --.-,s8
You have by court order ASST ~.
the Commissioner In anal olt'is -
tence, secured the temporary sDspv is
sion Of a definite duty OF TINS oo'ihi. ~
sion. This Is done either TO avon ,, r
acting as a result OF such hearing, 60
a refusal to act on your part, or I5',,, n
you wish to avoid the TespoNS'0'"'
taking action yourself,