The New York herald., 1921-04-27

With only a T0rIIlal prOleSl oll lle
part Of John III. Delaney, Transit
Construction Commissioner, George
McAneny and the two other members
of Gov. Miller,s Transit Commission
took possession of the rooms and the
records of the old commission yester-
day. With equal courtesy Alfred M.
Barrett relinquished his duties and
the records OF his office, partially to
Commissioner McAneny's body and
partially to William A. Prendergast,
chairman Of the new Public Service
Commission, which is to have charge
of all public utility matters in this
city Gas well as the remainder of the
State) outside of transit.
Mr.. Delaney expressed his attitude
tersely thus: 'T am going to walk out
physically. but in spirit I am still
holding the fort"
Asked how the developments OF yes
terday would affect the court action
started by Corporation Counsel o'Brien.
former Justice Francis NJ. Scott who
with Godfrey Goldmark is special coun-
sci to Mr.. McAneny and his colleagues.
said:
Legally the commission is In pos
session OF the records and Is function
ing There is motion pending dt
will be heard this morning before JUS
tice McAvoy) to restrain them from
taking over the records. AS they are
in actual possession OF them I don't
think that plea will amount to much.
No one can be restrained from doing
something that Is done.
"As to the second part OF the pro-
ceeding which is to enjoin them from
functioning. there are a good many
answers to the contentious Of the city.
anticipate l shall be able to 60 ahead
with the argument tomorrow"
Senator Hiram w. Johnson of Cali
fornia. who has been hired by Mayor
Hylan to fight Gov. Miller of this State
on behalf of home rule for New York
city. was indignant at the ease with
which the Transit Commission had
slipped into office. He asserted 1t was
actual, IL not technical and legal, con-
tempt OF court.
"a short twenty-four hours only sep
arating US from a judicial determina-
ton" he declared. "and yet the new
commission practically by force attempts
TO oust the present officials and take
possession OF the office. While the
wretched and sordid circumstances sur
rounding the new bill might lead some
to anticipate such nm act here, Il never
should have occurred. where State offi-
cials are on the one side and the greatest
municipality In the world on the other.
Those appointed under this legislative
measure now seek by a short cut 10 de-
prlve the city OF its legal remedy in the
courts"
on Saturday the new commission will
sign the April payroll and the question
OF honoring II will be put up to Comp
troller Craig. II involves some 500 en-
p1oyees taken over yesterday. The sal
aries OF the Commissioners. secretary
and counsel are paid by the State
Chairman McAneny evaded a direct
question as TO whether there would be
any shakeup in the force. He said OF
course such reductions would be made
from time to time az economy might
dictate and rs the completion OF con-
struction work might make possible.
James Blaine Walker was reapponted
secretary at $4,000 and Frank " Rob
inson assistant secretary at $4,000.
Louis G. White viii retain the position
or counsel during the period OF re-
organization and readJustment. Louis
Graves was named secretary for Chair
man McAneny al $4,000 and Capt James
"A. Walsh as secretary 70 Commissioners
Organ. Commissioner Harkness has
not picked his secretary.
Some f75 employees were turned over
20 Chairman Prendergast and Oliver r.
semplc OF tho Public Service Commits
eion. Commissioner Semple will be In
constant charge OF the city office, which
may be located uptown. The old up
state commission had rooms IN the
Hall Of Records, and there the pending
telephone rate hearing win be continued
on Monday. The chairman viii divide
his time between here and Albany. lie
announced the reappointment OF former
Judge Lcdyard y. Hale as chief coun-
rel and OF Francis r.. Roberts OF Utica
as assistant secretary. Speed In the
handling of complaints and hearings
will be the aim OF the new commission.
Alderman William II. Quinn, nepub-
ljcsn. at the meeting Of the board yes
Verday introduced a resolution calling
upon Gov. Miller 70 Immediately remove
Mayor Hylan for fiouting the laws or
the State in trying TO have Mr.. Delaney
refuse 70 turn over his Office to tho
new commissioners On motion of Al
dernan Keller. also Republican, the mo-
tion was laid on the table. Quinn had
one supporter in Bruce Falconer.
THERE Is often just the position you want
or the kind OF help you are lookingN for
nt the Employment Agencies using HcApld
want ads. See Classified Bection.--Adu. -