New-York tribune., 1921-02-22
Californian to Appear at
Hearing ON March 2
and VIII Bring Suit if
Miller Bill Is Passed
Says Mayor and
O'Brien Hired Him
Tells Corporation Counsel
i'm Letter He's Clad to
Aid Cause of "People''

Senator Hiram w. johnson, of Cali
fornia, has been retained by Mayor
Hylan to conduct the city administra-
TONS fight against Governor Miller's
proposed traction legislation.
Senator johnson will oppose pending
traction bills at a/public hearing to
be held in Albany, March 2. If the
bills are passed he will be authorized
to institute suit on behalf of the
city with view to indefinitely block
ing the Governors efforts to solve the
traction problem, on the ground tnat
the plans are unconstitutional.
Plans for litigation between the city
and the state authorities are to be
decided upon at conference Rto-mor-
row between Senator Johnson and John
P. O'Brien, Corporation Counsel.
Backed by Hearst Papers
Announcement of Mr.. Johnson's Sc
lection as counsel for the CITY was
made yesterday by Mr.. O'Brien. The
announcement followed closely on a
visit to Washington last week by the
Mayor. Senator Johnson, who formerly
was Governor of California, and last
summer candidate for the Republi-
can nomination for President. has
been supported in many bitter Traction,
fights in his own state bv the news
papers owned by William Randolph
Hearst.
"How much will Mr.. Johnson's fees
be?" Mr.. O'Brien was asked, soon af
ter telegram from Senator Johnson,
voicing his acceptance, had been re-
ceived
"That is question that has not been
gone into" replied Mr. O'Brien.
"Who selected the Californian to
conduct the fight?"
THAT is another question I cannot
answer Just now." said Mr.. O'Brien.
VIII Mr.. johnson conduct his fight
solely on the ground that the Goveen'
cr's plans are unconstitutional"
"Unconstitutional! exclaimed Mr.
O'Brien. "They are more than that
They violate the state and Federal con
stltutions. But, i1r addition, they are
socialistic."
Prepares for CRITICISM
Anticipating criticism that the EN-
oloyment of counsel from the Pacific
Coast might be considered against the
principle of home rule, Mr.. O'Brieu
said:
Such criticism would be hypercriti-
cal and f1ippant. The proposition to take
away the function of the city and vest
IT IN the state on the pretext of exer-
clsing police powers is a nationwide
problem. Cities throughout the coun.
try are being aroused over it. Come r
and talk to Mr.. Johnson when he ar.
rives. He'll tell you all about it."
Senator Johnson's telegram of ac.
ceptance, addressed to Mr.. O'Brien
said:
II am very glad to undertake the EN-.
ployment as special counsel in the en-.
deavor to protect and preserve the
cities rights from the assault now be.
irg made upon them. l congratulate
the Mayor and you and the other city
officials upon the valiant struggle you
ere making.
81 recognize the odds in the contest
and the tremendous opposition and
difficult obstacles which must be en-.
eountered, but it's the old, old fight
With special privileges and exploiting
corporation greed on the one side and
the simple justice and inherent rights
Of the mass of the people on the
ether. You are fighting the good fight
and am delighted to be part Of il
with you"
O'Brien Gives Statement
Mr.. Johnson's telegram was made
part of a statement issued by Mr.
O'Brien, in which the latter said:
"Inasmuch as the traction interests
intend to have abrogated the 5-cent
fare contracts existing between the
city and the traction corporations by
legislative enactment at Albany which
has for its purpose, by multiplying and
setting aside contracts at will by state
officials. an increase in fare, extract
ing between s60,000,000 and 100000
600 yearly out of the pockets of the
people;
"And, inasmuch as the abrogation OF
solemn contracts against the peoples
interests and in favor of powerful cor.
porate interests goes to the very vitals
of constitutional government and has a
bearing on every contract made in the
United States under our constitutional
form of government, it behooves the
Mayor and the Corporation Counsel OF
this city to use every means at their
command to uphold the solemn agree
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