The New York herald., 1921-02-26
ORDINANCE WOULD
KEEP JOHNSON OFF
| CITY'S PAY ROLLS
Aid. Falconer Cites Law to
Show Hylan's Home Rule
Violation Is Illegal.
NICE POINT Is M0OTED
Must State No Lawyer in
New York Is Competent
for Traction Job.
SENATOR STILL STUDYING
Californian Admits He Has
Made Transit Bill Analysis
Within Three Days.
SENATOR STILL STUDYING

Mayor Hylan and John p. OBrien,
Corporation Counsel, not only violated
the principle OF "home rule" which
formerly was their battle cry. in OBJ
tanning the services of Senator Hiram
w. Johnson of California IN the transit
fight, but they violated city ordinance.
designed 60 guarantee home rule, ac-
cording to a statement yesterday by
Alderman Bruce NJ. Falconer. The ordi-
nance as quoted by Mrs Falconer pro-
vides:
mo person not a citizen and actual
resident and dweller in good faith in
the State of New York shall be eligible
TO appointment or employment in any
of the departments, boards, bureaus or
branches OF the Government of the city"
except for medical or surgical work.
unless "evidence in writing shall be
furnished that the services or work to
be performed cannot be well done by
any citizen and actual resident of the
State of New York who is available
and that the nonresident person pro-
posed to be appointed is generally rec
ognized as one possessing such excep-
tional qualifications in a high degree"
Clear Violation Apparent.
''If Mayor Hylan and Corporation
Counsel OBrien have any such written
evidence, which certainly must be man
ufactured unless there is no good law
yer in New York State who is willing
to take their point of view," said Mr..
Falconer. then their action would GER
tainly constitute violation OF the
sacred principle of home rule which
they have so often enunciated. This
ordinance was adopted by the Board of
Aldermen as being in furtherance of the
principle of home rule"
Mr.. Falconer, declaring that San
Francisco is finding municipal opera
ton of transit losing undertaking and
that the Seattle lines viii be $3.50, 900
behind in 1924. ventured the opinion that
Senator Johnson might find a field for
his powers on his home coast before
coming East. The Alderman advocated
that control of New York's transit be
placed in the Board of Aldermen.
Senator johnson announced last night
that his studies of the bill since he az
rived in New York three days ago have
enabled him to make a digest and an
alysis of its provisions. which he will
present to the public in instalmcnts.
Brief Objections to BE made.
The Senator proposes to take the
salient features OF the Governors plan
10 which he objects and set forth briefly
what those features are and why he
objects.
IT think" he said. cit will be a good
idea to do go. not only because il will
inform the people on what grounds we
are conducting our fight, but 1t will
also give friends of the measure an op-
portunity for discussion. believe that
such discussion would be found very
wholesome"
Senator Johnson expects to issue the
first chapter of his transit serial for
publication in to-morrow's newspapers.
Daily instelments will follow. at least
until after he has appeared at the pub
lie hearing on the bill in Albany next
Tuesday. He did not say whether he
would continue the series after that
date.
The Californian was In amiable mood
and seemed to have recovered from the
disappointment he expressed the day be-
fore at the lack OF enthusiasm in the
welcome given to him by most New York
newspapers He declared there was moth
ing new TO tell the public yesterday,
however. and went to his hotel for n
nights work.
Corporation Counsel OBrien, having
returned from the conference of Cor
poration Counsels in Albany. declared
himself greatly pleased at the assur-
ances he received there of support from
the administrations OF other cities IN
the state. He expressed the opinion that
the vote in the Assembly showing an
overwhelming majority in favor OF the
Governors measure was not real test
because the vote was upon procedure
and not upon the mcfits of the bill.
The West Side Democratic Club yes
terday forwarded TO Mayor Hylan a set
Of resolutions indorsing his fight against
the Miller traction bin.
The Board of Estimate voted yester-
day to go to Albany to protest against
the Miller transit bill at the public
hearing next Tuesday.