New-York tribune., 1921-04-19
City Mill Sue at
Once to Upset
Transit Board
O'Brien and johnson De-
eide to Ask Injunction
When the Commissioners
Are Sworn In This Week
To Attack Bills Validity
Will Carry Fight to U. S.
Supreme Court if State
Tribunals Refuse to Act

Suit to restrain Governor Miller's
now Transit Commission from exer-
eising authority over the city's trac-
tion problems and from putting into
effect the reorganization plans for
which It was created. will DO instituted
by the city as soon as the members of
the commission, headed by George
McAneny, take the oath of office.
Corporation Counsel John P. O'Brien
and Senator Hiram w. Johnson, Of
California, special counsel employed
by the Hylan administration, decided
indicated that Mr.. McAneny and his
associates, Leroy Z. Harkness and Ma
jor General John F. O'Ryan, expect
to be installed in office this week.
The city will seek an injunction in
an attempt to tie the hands Of the
commission from taking any action
whatever. The injunction will be
sought on tho ground that the law
known as the Knight-Adler act, by
which the last Legislature swept away
tho two State Public Service commits
sions and created new commissions
with greater authority, violates the
state and Federal constitutions and
that any act by the Transit Commits
sion would, therefore, be unconstitu-
tional.
Higher Fares Chief Aim
Ar. OBrien maintains that tho chief
purpose Of the Governors reorganixa-
tion plan is to enable the transporta-
to annul the present contracts with
tho city. which stipulate five-cent
fare, and to take all authority from
the city in dealing with its own trac-
tion problems. Under the power given
it the commission is authorized to put
into effect any orders without the CON
sent Of the Board Of Estimate, II the
board withholds It's consent or fails
to acquiesce in the order within thirty
days.
It is understood that should tho Su-
bility for issuing, or refusing to Is
sue, an Injunction on Mr., OBrien's
petition the question will be carried
eventually to the United States Su-
preme Court.
What effect the litigation would have
on curtailing the business Of the COM
mission Immediately after it is in
ducted into office was not made known
yesterday. Mr.. McAneny and the other
members declined to comment on the
prospects Of having to fight their way
through the courts.
Preparations meanwhile were being
made for transferring the business
from the old Public Service commits
sions to the new ones. William A.
Prendergast chairman Of the Public
Service Commission, which will take
over all the business Of tho other two
commissions except that relating to
local matters, will go to Albany to-day
to consult with the Second District
commission there. Mr. Prendergast's
commission will have its Headquarters
in Albany, with branch here at 49
Lafayette Street.
Expect to Start at Once
The Transit Commission, with Mr.
McAnery as its chairman, will have
no Office other than at 40 Lafayette
Street. which is now the headquarters
OF the Public Service Commission of
the First District. Alfred NJ. Barrett,
the present Public Service Commits
sioner, snd John Fl. Delaney, the
transit Commissioner, will be retired
automatically.
About 1000 employees, together with
the whole Office equipment will be
turned over to the new incumbents.
James B. Walker, secretary of the pres
ent commission probably will be named
as executive manager Of the new COM
mission.
Mr.. Prendergast's commission, func
tioning at Albany, will have charge of
all gas, electric light and telephone
questions throughout the state and all
traction subjects other than those per-
tanning to New York City. He declared
yesterday he had not heard Of any
eve expect to get to work With Wit The the
least nOSsibIe de11v hn onSd