New-York tribune., 1920-04-02
Court Halts
Hylan Buses
In BROOKLYN
Justice Cropsey Grants An
injunction to Traction
Companies, Declaring the
City Action Violated Law
Mayor Orders Appeal
commissioner Nixon Saws
He Is Pleased. Asserting
His Opinion Is Borne Out

The injunction granted yesterday by
supreme Court Justice Cropsey, in
Brooklyn. restraining the city from op-
Grating busses in Brooklyn in competi-
ton with surface cars and the courts
expressed opinion that the busses are
not only operated without due sanction
CT law. but are menace to safety was
declared last night by officials Of the
brooklyn streetcar system to be the
END of Hylan husses for all time"
The restraining order stops the op-
Grafton of the Park Slope, Flatbush
Avenue and Green Point-Long Island
City bus lines. and holds that the plac-
ing of these lines in service consti-
tutes an action clearly without author
ity of law. The action was brought by
the Brooklyn Street Railway officials
against Grover Whalen Individually
and as Commissioner of Plant and
Structures of the City Of New York
cullen O. Dykman appeared for the
railroad and William Carswell, OF the
Corporation Counsel's Office, acted fol
the city.
City Will Appeal
After reading the lengthy decision of
Justice Cropsey, in which he states
that "the bus owners pay nothing to
the city for their franchise or right to
operate over the streets, nor for the
wear and tear thereof, and the men
who operate the busses are not city en-
pioEees, but are owners of the busses
or employees of the busses." officials
Of the street railroads in Brooklyn last
night SAID that possibly more aggres-
slve action even than the stopping of
the busses might be directed at the
city officials who are operating the
busses OF who had sponsored their op-
Grafton. owing TO the large expenditure
OF pubic funds that had been made.
Members of the staff of Commission
er Whalen. who has been in charge of
the bus lines involved, declared in COM
mentlng on the decision that "the stand
OF this department is that those buss
will go on doing the splendid service
they have been doing. We will seek a
stay and an appeal and will tight it out
TO the last ditch. These busses are nee
ossary"
Mayor Hylan said:
Il have directed the Corporation
Counsel TO appeal Immediately from
the decision OF Mr. Justice Cropscy and
to request stay of his order. The
people OF Brooklyn must have trans
poleatlon. aud if the busses are stopped
by Nh Justice Cropsey's order the
people of Brooklyn Will be greatly in
convenienced. One hundred thousand
porsons IN Brooklyn ride daily in the
',u>sc,. as we'll as in the busses of Man
haitian"
Asked last night whether the order
Of Justice Cropsey meant the stopping
90. al city operated busses, both in Man.
haitian and Brooklyn, George P Nchol-
sou. flrs1 Assistant Corporation Coun-
sci, said he was uncertain on the point,
but probably would be in position to
express an opinion to-day.
Nixon Is Pleased
Persons interested in knowing what
will be the disposal of the cases Of
damage suits resulting from personal
injuries on the bus lines ordered
stopped were assured by Mr. Nicholson
that "the city Will not dodge its respon-
ability IN this regard. The busses were
operated by the city, and claims will bv
taken care of by the city,
Lewis Nixon. Public Service Commits
Sioner, commenting upon Justivc Crop
scv's decision. said it bears out the
contention OF the commission that bus
operation. as 1t has been conducted
under municipal auspices, is illegal
and that the present service cannot in
any sense be onsidered emergency
operation as intended by the Home
Rule act. My personal point Of view
has hecn that while the bus owners
had in no wise complied with the legal
requirements as TO a franchise from
the city authorities and a certificate
of necessity from the commission.
nevertheless. in some instances the
buses were needed. Where an cmer-
Il r.