New-York tribune., 1921-04-24
Governor Declares Law
Prevents Obstructive
Tactics and Delaney
Must Give Up Records
O'Brien Is Ready to
Begin Court Fight
Plans to Ask Injunctions
Tomorrow if New Car
Board Assumes Office

III Albany yesterday that CORPORATION
Counsel John P. O'Brien of New York
would be unsuccessful in his attempt
to prevent the newly authorized Tran
SIT Commission from obtaining the rec
ords of Transit Commissioner John II.
Deianey's office. The law affords re-
course to the commission, according to
Governor Miller, should obstructive
tactics be employed.
Corporation Counsel O'Brien is
prepared to go into court tomorrow.
should the new Transit Commission be
sworn in at Albany, and apply for an
injunction restraining Governor Mil
ler's appointees from assuming the
duties of their office. This action on
the part Of the city to block the trac-
tion program, as authorized by the
Legislature, will be taken on the
grounds of alleged nconstitutionality
of the new law
While the Corporation Counsel is
confident that John II. Delaney, Tran
sit Construction Commissioner, will ac-
ccde to his demand not to turn over
any Of the books, records or moneys
now in the hands Of the Transit Con-
struction Commissioner, to the new
commi ssion, Mr.. O'Brien declared yes
terday that he would also petition the
court for an injunction restraining. Mr..
Delaney from turning over his Office
/1c 70 ,trc
Commissioner Delaney went to Say
Vile, l.. l., yesterday, to open up his
country house and left word with his
first lieutenant, Deputy Commissioner
Daniel l.. Ryan, that he would not COM
ment on the demand from the Corpo-
ration Counsel until he returned Mon
day. The Deputy Commissioner said,
however, that his chief undoubtedly
would comply with the suggestion Of
the Corporation Counsel and hold all
records until otherwise ordered by a
court. Mr. Ryan declared that if it
were found that they did have to turn
over the records and other matters
connected with the department Com
missioner Delaney would do 50 under
formal protest
Delaney Was Ready to Vacate
1t was learned that the Transit Con-
struction Commissioner had no part in
formulating the plan of resistance
mapped out by the Corporation Coun-
sell but was prepared to vacate his Of
flee upon the swearing in Of the new
commi ssioners and to turn over all the
records. In fact, it was said, that Com
missioner Delaney did not know of the
O'Brien plan until short time before
the demand was formally made upon
him on Friday by the Corporation Coun-
sell hasty conference was held be-
tween Mr.. O'Brien and the Transit
Commissioner, and the latter is under
stood to have promised the Corporation
Counsel that he would assist him and
the city officials to carry out their pro-
gram in any way he could.
The payrolls of the Transit Con-
struction Commissioners Office have
been certified and sent to Albany up to
and including Monday, April 25, the
day on which the new commission is
expected to be sworn in. There was
report yesterday that the formal install
lation Of the new commission might be
postponed for few days, but the city
authorities are not relying upon the re-
port and have cleared their decks ready
for action tomorrow.
The point was raised yesterday that
the $300,000 appropriated for the use
OF the ransit Construction Commits
sioner for office and other expenses
merely had been authorized by the
Board of Estimate, but was not yet
under the control of the commissioner.
1t was explained that the Hylan Board
of Estimate might rescind the authori-
zation Of the funds and hold up the
payment Of any expense by the new
Transit Commission or the new state
wide Public Service Commission, in as
far as the city had to pay them 1t
was said that the city was responsible
for the expenditures of the new com
missions, except the salaries of the
new commissioners, their secretaries
and counsel for the commissions
Craig Uacertain on Position
Comptroller Craig was asked if he
would. pass any warrants on the city
treasury which might come to him for
expenses for the new commissioners
He replied that he would not determine
the action he might take until some
Continued on page three)