New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-04-27
Delaney Makes Technical
Refusal, but McAneny
and Aids Seize Records
and Select New Staff
johnson Charges
Strong Arm Tactics
Battle On To-day ;Mayor's
Removal Asked; New
P. S. C. Begins Work

Efforts of the Hylan administration
to obstruct the operation of the new
traction law failed yesterday, when
George McAneny, Leroy r. Hardness
and Major General John f. O'Ryan. the
members of the new Transit Commits.
sion, formally took possession of the
old Public Service Commissions head
quarters at 49 Lafayette Street.
Despite technical protest by John
IL. Delaney, Transit Construction Com
missioner, who was automatically re-
tired, that he refused" to surrender
his offices or the public documents per
tanning to the city's traction business
the new commissioners, ten minutes
after they entered the building. were
holding a session to transact routine
business. Governor Millers plans to
solve the city's transportation prob
lens by centering authority in a state
board, independent of the Board Of
Estimate or other municipal authori
ties, was thus in actual operation less
than three months after he first suo.
gested it,.
CONSERVATION spread among citv Of.
fcials who have opposed the plan. Cor
poration Counsel John P. O'Brien. who
mad resorted to court action to 70.
strain the commissioners from tai.
ing office, and Senator Hiram w. John.
son, OF California, employed bv Mavo,
hylan to fight the issue, remained
po"erless to prevent the assumption of
control by Mr.. McAneny and his asso.
ciates. Senator Johnson issued q
statement IN which he declared that
stIohga arm methods had been resort.
ed to and that in their action the con,.
mlssloners virtually had defied cour,
order. Noui
Delaney Bases Stand on Writ
Mr.. Delaney based his protest agains
surrenderlng his office on a notice
served on him by Mr.. O'Brien thaI
Supreme Court Justice Francis R Dala %
hanty on Monday had issued q writ fo,
the new commissioners to show causl
why they should not be permanent,
restrained from functioning and tha,
the argument on the writ was set fo,
1880 O'Clock this morning before
Justice John V. NcAvoy, in Part 7 al
the Supreme Court Mr.. O'Brien urge
that it would be improper for the com
mlssloners to take Office until the cour
had passed upon the application for ar
injunction.
Taking the view that the order t(
snow cause did not act as a stay, Fran
els M. Scott, formerly Supreme Courr
Justice. and Godfrey Goldmark, coun
sci ior the commissioners, urged i'm
mediate possession of the city's trac
ton business. Mr.. Scott said later tha
there could hardly be any argument il
court to-day on the question of re
straining the commissioners from tax
ing Office since they already were il
office. The only question to be argued
he added, would be on the city's peti
tion for an injunction to restrain the
commissioners from functioning fur
ther On this point, he declared, hi
and Mr.. GOldmark were fully prepared
to argue, and he was confident that the
new commissioners would continue te
transact business.
In the chamber of the Board of AL
dermen, meantime, an effort was made
to pass a resolution demanding that
Governor Miller remove the Mayor fo1
having caused the Corporation Coun-
sci to interfere with the new traction
law. Alderman William +. Quinn, Re-
publican, offered the resolution, which
accused the Mayor of having INDUCED
in "cheap, claptrap, demagogic propa-
ganda." The resolution was laid or
the table.
William A. Prendergast and Oliver
c. Semple. who with three other mem
bers constitute new Public Service
Commission, with headquarters at AL
| bany, which will have charge of al
public utilities other than New York
City's traction affairs, also took pos
session yesterday, thus removing AL
fred NJ. Barrett, Public Service Com
missioner, from office.
The appearance of Mr.. McAneny
Mr.. Hardness and General Organ al
the Lafayette Street building brought
CONTINUED on pass eishtl