New-York tribune., 1921-05-25
Transit Board
Calls ON CITY
To Rush Suit
Counsel Notifies O'Brien
1t viii Not Wait ON
His Aid to Force Speedy
Determination of Issue
Deny Dilatory Tactics
Appellate Division Is i'm Ses-
sion and Appeals Body
Will Convene May 81

FORMER Justice Francis NJ. Scott and
Godfrey Goldmark, special counsel to
the Transit Commission in the injunc-
t'on proceedings unsuccessfully brought
oy the city, yesterday sent reply to
the letter of Corporation Counsel John
i. O'brien in which the latter promised
cooperation with the commission in
facilitating q determination of the
issues between the new commission
and the city. Counsel for the COM
mission told the Corporation Counsel
just how he could join with them 70
afford speedy trial, but added n at At
tney would not wait upon his assist
ance to force determination of the
question. The letter follows:
=, we have received your letter of
May 80 suggesting that we arrange
WIN you In some manner, not very
clearly defined, to procure a speedv
and authoritative decision as to +he
validity Of the so-caled transit net re-
Gently passed by the Legislature. We
beg to assure you in the first place
that we are at one with you in desir-
ing the earliest possible decision upon
Inls SUBJECT and we are ready to CO.
operate with you in any practicable
way TO bring about that result
Puzzled by O'Brien's Phrases
We are at loss to understand
what you mean by your reference to a
decision upon a collateral or dilatorv
pea which does not, upon the merits
or the constitutionality Of the law,
seek a defnitive determination This
phrase in your letter is in line with
certain statements recently made by
YOU IN the public press as to the mean
ing of which we are quite unable to
form conclusion, and we are disposed
to resent the intimation that we have
sought in any way to resort to dilatory
or technical pleas.
y ou were quick to commence an
action upon complaint which you
doubtless thought presented the ques-
uons which you desired to be decided
upon, and We were as quick TO meet
you upon your own ground and have
now given notice of trial with the de-
sign of having the action decided at
the beginning of the next term. If you
have any other form of procedure
which commends itself to you as better
adapted to the purpose than that which
you have already initiated we shall be
very glad to meet you upon that field.
AZ IHS A4AtHll LhIlts We Ieei IL 10 De our
duty to proceed in the manner which
appeals TO us rs an orderly and proper
manner of bringing the question to q
speedy determination.
Willing to Speed Appeal
CAS- you are aware, the Appellate
Division has just recouvened for a ses-
sion of three weeks, and the Court OF
Appeals viii convene on the 31st Of
this month for a session of two weeks.
If you desire to have the matter def
nitely determined before vacation. you
can readily do it by promptly appealing
and accepting our offer to cooperate
with you in bringing such an appeal
on. If yol do not care TO pursue this
course. we shall have TO ask you to
suggest definitely just what course
does Occur to you as a better one. In
the mean time, we shall proceed on our
part II attempt to force determina-
tion Of the question"