New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-04-26
City Counsel Gets Orderin
Injunction Action IL
Minutes After New
Com1nissionT akesO Office
Eight Constitutional
Points Are Raised
O'Brien Goes Back to
1886 for Facts; Assails
Interboro Rapid Transit

Seventeen minutes after George Nc
Aneny, Leroy T. Hardness and Major
General John F. Ryan were sworn in
at Albany yesterday as members of the
new Transit Commission, Corporation
Counsel John P. O'Brien obtained
from Supreme Court Justice Francis B.
Delehanty an order directing the new
commissioners to show cause why they
should not be restrained from assum-
ing control of the city's traction prob
lers The order was made returnable
tomorrow morning at 1890 o'clock be-
fore Justice John v. McAvoy, in Part
!, Of the Supreme Court.
No indication was received by the
Corporation Counsel last night as to
whether Mr.. McAneny and his associ-
ates would take possession to-day Of
the Traction Construction Commission
er's office, at 40 Lafayette Street. Mr..
CBrien explained that technically the
commissioners have the right to take
ecntrol, but that in such cases defend
ants usually regard a court order as a
stay.
Senator Hiram w. Johnson, Of Cali
fornia, arrived from Washington last
Light to appear as counsel for the city
in the hearing before Justice McAvoy.
Delaney and Barrett Defendants
John H. Delaney, Transit Construc-
ton Commissioner, and Alfred M. Bar-
rett, Public Service Commissioner, who
uro .tf,t-a -a,<, 11vv, L
the swearing in of the new commits
sion, also are made defendants in that
they are ordered to show cause why
they should not be restrained from
turning over certain papers to the
Transit Commission.
They will be represented by L. C..
White and Terence Farley. The new
commissioners will be defended by
Francis M. Scott, formerly Supreme
Court justice. Mr.. Delaney and Mr..
Barrett said their position in the citys
contest would be neutral, although Mr..
Delaney had written to Mr.. McAneny
permit test to be made of the trec-
tion law before the Transit Construc-
ton Commissioners Office is turned
over
Preparations had been made by Mr.
0'Brien for a minimum of delay in fill
ing his action. Sitting in his Office on
the sixteenth floor of the Municipal
Building he held his ear to his tele-
phone receiver, which was connected
with the State Capitol. At 1856 p. m.
MIR. 0'Brien heard an agitated voice at
the Albany end of the wire.
They're sworn in," said the voice.
Mr. O'Brien Put on his hat, and, with
his pockets bulging with 500 printed
pages of summonses, complaints, affi-
davits and exhibits, soon appeared be-
fore Justice Delehanty. The courts
order vas signed and summonses were
issued at 1912 p. m.
Questions Eight Points of Law
Eight alleged violations of the state
and Federal constitutions in the
Knight-Adler act, by which the last
legislature created. the new Transit
Commission, and two general allega-
tons, asserting that the act illegally
breaks contracts made between the city
and the traction companies and pro-
gides for the stabilizing of traction se~
curties, "at the public's expense" were
made the basis for the issuance of the
courts order Mr.. O'Brien declined to
say he was sanguine that to-morrow's
hearing would result in an injunction,
but he said he was prepared to carry
the city's fight to a higher court, and
Continued on gage five)