New-York tribune., 1920-04-19
Stitt Attacks
Committee Vote
On jerks Bills
Had No Authority to Act
ON Traction Measures
by Previous Agreement,
Kings Legislator Holds
Martin of Same Mind
O'Brien Announces Seven
Reasons for Injustice
of Subway Fare Increase

Assemblyman Theodore Stitt, of
Kings, one of the members of the Ju
dietary Committee who was absent
when that body reported favorably on
the jerks traction bills, giving street
railways increased fares, wrote to
Mayor Hylan yesterday, saying the
committee had no power at that time
to consider the measures in any way.
He pointed out that the life of the
Judiciary Committee was extended to
consider bills until April 12, for the
jerks bills on April 13 and to consider
charges against William H. Anderson.
Before leaving Albany Thursday,
April 15," Mr.. Stitt writes, II con-
ferred with Chairman Louis M. Mar
tin of the Judiciary Committee with ref
erence. to these bills. He agreed with
me that the committee had no authority
to act.
Exonerates Martin
"There was no deception practiced on
me by Chairman Martin This was
shown by the fact that he took just
that attitude when the committee met
on Friday. He was improperly over
ruled by the majority of the committee
"The presence of Assemblyman Evans
and myself could neither have aided nor
injured the bills Any action taken by
the committee was without effect The
bills were not before it, Your letter of
April II, addressed to the Assembly and
appearing in the press to oday, is there
fore based on a misapprehension Of the
facts. 1t would accomplish nothing for
the Judiciary Committee to reconsider
action, which it was without power to
take"
Corporation Counsel John P. O'Brien
last night issued statement saying
there were countless reasons why the
jerks bills should be defeated, and Civ
ing seven of these reasons, in which he
called the measure unjust, unconstitu-
tlonal and designed to favor the rail-
roads at the expense of the public
His first objection to the bills, Mr..
O'Brien said, was because they are "an
attempt to undermine. abrogate and
annual franchise and other agreements
entered into by unicipalities and rail-
road companies. The second is because
these bills, if enacted, are positively
unconstitutional and will lie declared
Invalid by the court. Meanwhile, the
public will have to pay extortionate
fares without any chance for restitu-
ton"
Injustice to Public
The Corporation Counsel's third OBJ
lection is that the bills put the ques-
tlon of fare adjustment up to the Pub
lie Service Commission, which consists
OF one man who has already publicly
disclosed his mind upon the subject of
fares"
"The fourth reason is because the
fares prescribed in the franchise, con-
tracts and municipal consent are cs-
pecially protected by the constitutions
of this state and the United States, ano
are beyond legislative interference. #
these bills be enacted, these constitu-
tional powers will destroy every vestigc
Of home rule"
Mr.. O'Brien says in his fifth reason
that the measures. even if constitu-
tional, "spell injustice to the public
and municipality from beginning to
end"
"The sixth reason" he continues, "is
because the audacity of those who have
framed this legislation has led them to
point where they are attempting to
destroy utterly the one saving, benc-
fetal feature Of the subway contract
the fivc-cent fare.
"Thc seventh reason is because not
only has this great metropolis arisen
IN Indignation against these measures.
but every municipality, great and small
within the Empire State has expressed
an opposition and demanded that the
Legislature keep its hands off their
local affairs"