The New York herald., 1921-08-01
HIRSHFIELD ASSAILS
LUSK'S SUBWAY BILL
Pauses in Detectives Slush
Fund Quiz to Delve in Con-
tractors War Refund.

Mayor Hylan's assistants opened a
new attack on Senator Clayton r. Lusk
and the Meyer committee which Is in
vestigating the city administration by
charging yesterday that special interests
dictated the passage by the last Legisla-
ture Of the Lusk bin, designed to reim-
burse subway contractors in New York
for upward OF $4,000. 900 they claim to
have lost as result OF excessive war
costs.
This move Is in line with the Hylan
fight to discount the Meyer committees
inquiry into municipal affairs by keeping
the Albany investigators on the defensive
through continuous attacks on the per-
sonne of the committee. While waiting
for the committee to begin its offensive
the Hylan officials are preparing to keep
up continuous fire.
David IIirshfield. the Mayors Com
missioner of Accounts and personal in
vestigator, announced that as soon as the
slush fund inquiry is out of the way he
is prepared TO "go after" the Lusk act
known as the New York subway con-
tractors measure.
The subway contracts in question were
made, Hirshfield stated, by the old Pub
lie Service Commission and city tran
sit committee of which George McAneny
and William A. Prendergast were men,
bers.
The contracts were not completed
within the time specified, Hirshfield
stated and as result were In opera
ton after this country went to war. The
contractors were caught in the upward
movement OF prices They appealed to
the Board of Estimate for additional al
lowances, but on the strength of Mayor
Hyian's opposition this relief was de-
MED. The contractors went to the 1920
Legislature for relief. but the Mayor
vetoed the measure after passage.
Senator Lusk took UP the bill in the
| last session and 1t was passed on the
| last day. April 16. Gov. Miller signed
IL May i3 The act provides that any
Increased cost and expense of work
| under any contract by reason CT the war
is declared to be a valid claim against
the State. county. municipality or po-
litical division of the State for which the
contract shall have been made
In order to circumvent the Mayors
certain veto. Hirshfield charges. the bin
was made a Statewide measure Instead
of a city bill II therefore did not go
TO the Mayor.
Under the Constitution all bills
passed by the Legislature affecting
New York city alone must go 10 the
Mayor" Hirshfield said. although no
similar situation existed anywhere In the
State, the measure was drawn In such
manner as TO make II State bill BY
this trick the bill did not go before the
Mayor hut was approved by the Gov
ernor and is now the law
what was Senator Lusk's motive In
passing this subway bill In the face OF
its opposition by Mayor Hylan and the
Board OF Estimate? Why was the bill
so drawn as to circumvent the Consti-
tuition and obviate the necessity of send
ing the bill to the Mayor? What spe-
cial interests actuated Senator Lusk
to introduce and put through for the
subway contractors such bill? why
did the members of the Meyer commit
tee vote for that bill? ] propose TO
seek the answers to these questions
Members OF the Meyer committee said
the Hylan offensive would be forgotten
soon after the legislative investigation
hearings begin.