The New York herald., 1921-04-28
DELANEY CLINGS
TO TRANSIT JOB
Miller Board in Possession,
but the Old Commission
Haunts the Office.
APPEALS TO COURTS
Francis Sinnott Also Re-
fuses to Give Up His
$4,000 Berth.
JOHNSON GETS SETBACK
Justice McAvoy Halts Him in
Attack on Constitutions
ality of Law.
JOHNSON GETS SETBACK

John II. Delaney, who claims he still
Is Transit Construction Commissioner,
4 although he opposed no force to the
Miller commissions taking possession
4ef the office and the records on Tues
day, emphasized his contention yester-
day by putting in most of his time in
the offices. Furthermore he filed with
the court an affidavit declaring 1T is
my intention, unless otherwise advised
or directed by the court, to continue TO
attend the office and perform my Of
ficial duties"
Following the argument on the in
junction application of Corporation
Counsel J. P. O'Brien in the Supreme
Court, Justice McAvoy reserved de-
cision, giving each side until Monday
to present briefs. Senator Hiram w.
Johnson, appearing for the city, made
his first argument in a New York State
court before a capacity" audience.
Francis Sinnott. brother Of Mayor
Hylan's secretary and son-ln-law. served
notice that he could not be ousted from
sit Commission He contendcd that az
a veteran of the world war he must be
retained in his $4,000 berth. or one
equally good provided for him.
Chairman McAneny and the other
members of the new commission spent
most of the day on matters OF organiza-
tion, including the question raised by
f.t,, ,..tt1 ali off OF thkay
employees Frank Hedley. president OF
the Marlborough Rapid Trans'. Com
pany paid courtesy call on the new
commission In the afternoon.
The argument OF Senator Johnson for
permanent injunction restraining the
Miller commission from taking office or
functioning was met by Francis NJ.
Scott, counsel for the latter. with the
assertion that 1t had been decided many
times that the right of State officials to
their offices could not be attacked by
injunction.
Arguing that the traction law Is un-
constitutional because II takes control
OF city property out OF the hands of city
officials, Senator Johnson was brought
to q halt when Justice McAyoy inter-
posed:
"Don't you think the Legislature has
the right to substitute the Traiisit COM
mission for the Board of Estimate"
Mr. Scott explained that the commits
sion had not begun to outline plan
vet. When II has plan, then some at
tempt to prevent It's adoption might
properly be taken, he said.
rs it not conceivable" inquired the
court, that the commission night sub
NIT a plan that would be acceptable to
the city2"
Mr. Delaney remained on perfectly
friendly terms with his enemies" but
took occasion to emphasize his conten-
ton that he was still the whole works.
lie went SO far as TO sign letter d.
rected to RI. A. ID. Holman, he auditor
of the commission, which had been pre-
pared for his signature. It directed
Mr. Holman to turn over the receipts
from an auction sale OF property In The
Bronx yesterday to the Comptroller.
But Chairman McAneny could not find
IL in his heart 10 object TO this as, he
explained, It was letter In regard TO
romething that had been entirely han
died by Commissioners Delaney and the
letter should have been written BY him
some time ago.
Phillip b. Gaynor resigned his posi-
,ion as chief accountant last night.