The New York herald., 1921-03-03

least, called upon to bring forward a
substitute. And that has not been done.
"Of course II has been suggested that
the city operate bus lines. IL may be
that within the contemplation or Some
people that would be a solution or TINS
problem. / don't think it needs 10 be
discussed. Apart from that ! have
heard OF no plan.
Service First Consideration.
"The first consideration is the impor-
tance OF giving service to the people
of New York. felt, viewing the fact
that the service is so rapidly deteriorat-
ing. viewing the intolerable conditions
which have observed. that no time
was to be lost. and. looking ahead a Few
years, l confess I was appalled, by the
thought of the conditions that might
exist in the city IL prompt relief were
not provided.
But there was another consideration
which moved me TO believe that procpt
action was needed. From all the In
formation that l can get. and II Ia a
matter OF public knowledge, the conclu-
sion seemed to be rather irresistible
that the present transportation utilities
in the city of New York were headed
either for the auction block or the junk
heap, and II they arrived at either Of
these goals the opportunity to put into
effect constructive plan would be lost.
The time was propitious; any delay
would imperil It. Things have reached
a stage where they must be treated on
the level.
THE thing to do was to go ahead: I:
and as far as I could do 1t have gone
ahead. 1t is now UP to the Legisla-
ture"
There was a bit of disturbance as the
hearing In the Capitol got under way
Senator johnson had arrived to the
tune of some handclapping. and he was
followed few minutes later by Mayor
Hyian. In the matter Of applause the
Mayor won. Chairman Knight had just
called tho gathering to order when a
group of women struggled down .he
crowded aisle with the banner bearing
the legend, CITY OF New York. 5000 900
People-Don't Tread on Me-
There were cries of Take it out"
and the chairman ordered it removed
to the back of the hall.
Mayor Files Memorandum.
Then came Mayor Hylan. He rose to
cries OF ''Hooray!" while the militants
in the rear waved their banner wildly.
There was mild surprise when tie
Mayor refused to cut in on the two
hours allotted to his side. He said
merely.
"1nasmuch, Mr. Chairman and gentle
men OF the committee. as the time is
limited to two hours, with your permis-
sion / wish to file memorandum which
have prepared and give way to Sem
ator Johnson. who will now address
you"
Senator johnson was a little fdgety
at the outset, punctuating his remarks
with sharp Jerky motions of his right
hand. But he soon found himself and
went along strongly to the finish. In
discussing the police powers of the State
he brought in the question of ticket
speculating. a bill to end which was
vetoed recently by Gov. Miller on the
ground that 1t would not stand in court
Senator Johnson remarked that some
times a police power that is not great
enough to protect a people against the
sale Of theatre tickets was strong
enough to enter the city and take away
its property.
In quoting the Governor as saying
that the traction question was not a
local one. he wanted to know why, If
this was so. the State did not take over
and operate the transit lines and foot
the BILL
The windup of the hour of rapid fire
talk was truly Johnsonesque. In last
cry Tor a referendum he put il as "the
right finally of the American people to
stand on its own feet. hold its head
high and say that under a provident
God We can and will govern ourselves" !"
Points I'm Johnson's Argument.
In the course of his argument the Sem
ator said:
Let Us look at the traction situation
in New York city. First you find an
investment of 100000 900. Next you
have the State OF New York soldily,
through Its Legislature. saying that the
transit lines shall ever be the property
of the city, and beyond that you have
the fact that when this money was in
vested in the original subway II was
done under a referendum to the people
OF the city of New York. who exercised
whatever q city ought to have the. right
TO exercise, the right of saying by their
votes what should be done with their
property. and under referendum the city
decided upon its investment
III II were an appropriate thing when
the first investment was made by the
city In the subway for the city OF New
York to say to the people of that city
You here should be the final arbiters OF
your fate, You here in this municipality
you Dy your votes should determine
whether you want to do this thing'-if
that were an appropriate exercise OF
power and discretion, ff that were an
appropriate thing TO be done In the
rrst suoways, Why isn't II an appro-
pirate thing to-day for the Legislature
of the State OF New varlr a, z~ix,a ,n tl-
city OF New York a right of referendum
when these subways are to be taken
away from the city Of New York?
You would laugh to scorn an effort
IL II was made In this Legislature to
take from private individual IN New
York city property that rightfurly be-
longed TO him BY a confiscatory enact
ment. Just in that position the city of
New York is concerning this bill. As a
proprietor the city owns its subvays. II
puts the money into those subways. And
You can never more take the property
OF the city OF New York invested In SUBJ
ways In the city or New York you can
no more take that property Sthan yo,
can take the property OF the private IN
dtvidual, unless. OF course, tho consti-
tutional limitations were entirely full
filled. And in this instance. Mr. Chair
man. the unconstitutional limitations are
not even touched In this bill. They are
not even endeavored to be fulfilled. Tho
Constitution is brushed aside.
Calls II Lopsfded Act.
Now, IL may be a most laudable en-
terprise In which the Legislature should
engage and which we should all engage
to do that which win put real values in
railroads, protect them and stabilize