The New York herald., 1921-12-23
CITY ASKS TRANSIT
BOARD FOR PLANS
Takes First Official Step
Toward Cooperation With
State Body.

Although the city administration still
contends the act creating the State
Transit Commission Is unconstitutional.
Corporation Counsel O'Brien. acting for
the city. took the first official step yes
terday looking to municipal cooperation
with the Transit Commission In the
event the validity OF that body and its
powers shall be affirmed by the States
highest court, where the city's appeal
now is pending.
The Transit Commission expects to
begin about the middle of January to
address itself publicly to the vitally i'm
portant task Of determining the valua-
tions OF the various railroad properties
which 1t intends to take over in its plan
for the rehabilitation and unification of
the traction system. Its experts and
those OF the companies have been en-
ployed upon the preliminaries Of these
appraisals for months. Following the
successful adjustment OF terms between
the security owners and the commission,
there will be period in which many
contracts will have to be signed between
the interested parties.
Recognizing these facts. Mr.. O'Brien
addressed to the Transit Commission q
letter. He cited and quoted the chapter
OF the statute Of this year under which
the commission was constituted. Section
lot. the Corporation Counsel pointed
out. provides that the commission, on its
adoption OF any contract after public
hearings held as the law directs, shall
transmit such contract to the local au-
thority OF the city for its approval.
Should the city object or withhold its
approval, 1t has power. after having
stated in writing the grounds Of such
disapproval within thirty days, to force
the commission to hold further public
hearings.
Ultimate authority. however. rests
wholly with the Transit Commission.
The statute merely provides that it
shall make such changes in such con-
tract or contracts as it may deem ad-
visable." The statute provides further
that. In the event of the city withhold
Ing It's approval for an additional period
OF thirty days, "the commission may, in
the name OF and in behalf OF the city,
execute and deliver such contracts with
full legal force and effect as il all ap-
prevails by the local authority and by
any local officer had been given"
After having cited fully these provis-
ions Of the statute the Corporation
NVdnsCl WIOLc.
THE city authorities will not be able
intelligently to consider the terms and
conditions Of any contracts which the
commission shall propose for the carry
ing out Of its plan of readjustment un-
less they shall have been given ample
opportunity not only to analyze the
terms and conditions of the contracts
themselves but as we'll to analyze the
details Of the plan and to examine and
verify the commissions valuations of
the street railroad properties which 1t
proposes that the city shall acquire.
The city authorities should not b.
forced to exercise even their limited
responsibility under the act in respect
of problem of such complexity. mag
nitude and importance within the Very
brief period for which the act provides.
Il have retained William A. De Ford
as my special assistant to make a COM
prehensive survey of the plan of read
justment which you may finally adopt,
to analyZe the contracts and other
means which 1t proposes to employ for
the execution of that plan and to ac-
cumulate such information as I deem
essential to enable the city authorities
to consider 1t.
This request is made without preju-
dice to the city's contention that the
statute under which the Transit Com
mission is acting is unconstitutional and
void"