New-York tribune., 1921-03-18
Cities 4 Prepare.
or Court Fight
On Traction Bill
M alling, Acting for New
York, to Demand That
Copies of the Act Be Sent
Mayors for Approval
Constitution Is Cite d
Backers of Measure Hold
Veto Right Doesn't Apply:
May Be Basis of Suit
ryon, a stofy Correspondent

Frons Staf Correspondent
ALBANY, March 1.-THE municipaii-
lies Of the state, especially New York
City, now are laying the foundation for
sNr,e. q. suits to prevent the knight
Adler plolic utilities bill from being
ppt nre operation.
Assistant Corporation Counsel Wall
.ng. Of New York City, said to-day that
10 accordance with this plan, the City
Of New sorl, has served notice on the
Governor ard tie Legislature to send
9se hiii, hen it is passed by both
houses. to the mayors of all the cities
OF ths state affected by the measure
5 for .he local authorities to act upon it.
Tia service OF the notice, which calls
upen the Legislature and the Governor
&c comply with Section 2 of Article
es the constitution, had not been
made on any one connected with either
the Legislature or the Governors Of
flee up to late hour tonight.
The section in question provides that
special city bills shall be sent to the
iocai authorities Of the municipalities
affected for their vote or approval. An
other section of the constitution pro-
vtdes that waere mayor of a city
yetoes bill, the Legislature, by a
A4ssfS> S>&AtN WV, Hsoy pass ~ tsSA AAo tCSVv
Appeals Decision Cited
ft was said here that the Knight
Adler bill, while affecting the munich
palities of the state, does not come
Wltoin the provisions of the article in
question. 1t was pointed out that nei-
the1 the public service commission law
nor the rapid transit act, under which
the original subway was built, had
been submitted to the city for ap-
prvyal. The Court of Appeals held
that this was constitutional In a suit
brought by the Admiral Realty Com
pany against the City of New York in
lSa2.
The section of the constitution re-
ferrcd to by Mr.. Walling reads:
flaws relating to the property, af-
faiIs or government of cities snd the
seS sral departments thereof are di-
vided into general and special city
laws; general city laws are those
which relate to all the cities Of one or
more classes; special city laws are
trose which relate to single city; or
70 less chan all the cities of a class.
Special city laws shall not be passed
except in conformity with the pro-
visions of this section. After any bill
city has been passed by both branches
ct the Legislature, the house in which
It originated shall immediately trans
NIT certified copy thereof to the
mayor of such city, and within fifteen
days thereafter the mayor shall return
such bill to the House from which H
was sent. or if the session of the
Legislature at which such bill was
passed has terminated, to the Governor
With the mayors certificate thereon
stating whether the city has or has moi
accepted the same.
In every city of the first class the
Mayor, and in every other city The
Mayor and the legislative body thereoi
concurrently, shall act for such city as
to such bill; but the Legislature may
provide for the concurrence of the
legislative body in cities of the frs
class The Legislature shall provide
for a public notice and opportunity fol
public hearing concerning any such
bill in every city to which it relates
before action thereon. Such bill, il
it relates to more than one city, shall
be transmitted to the Mayor of each
city to which it relates and shall no
be deemed accepted unless accepted a:
herein provided by every such city.
Bills May Re Passed Again
Whenever any such bill is accepted
as herein provided it shall be subject
as all other bills to the action of the
Governor. Whenever during session
ut which it was passed any such bill il
returned without the acceptance of tn,
city or cities to which it relates, Of
within such fifteen days it is not re
turned, it may nevertheless again b.
passed by both branches Of the Legis
lature and it shall then be subject a.
are other bills to the action of tn,
Governor"
Even though the Mayors of the sew
eral cities did veto the bill, were i
sent to them, the Legislature by re
passing the measure would place th
bill before the Governor, who, O
course, would sign it.
The refusal of the Legislature ant
the Governor to comply with this sec
tion of the constitution will be one O
the bases on which the numerus suit:
viii be brought. Another question
which is regarded as somewhat serious
by many here who are for the bill il
whether the measure abrogates privat,
contracts.
Minority Leader Walker declared to
day that the answers of Senator job,
knight, in which he said that he be
ileyed the dual subway contracts wee
private contracts, indicated clearl,
what the Legislature had in mind ii
passing the bill. This, together Will
the rest of the debate on the bill, h
said, would prove the contention of thu
opposition that the Knight-Adler bill
violates the Federal and state consti
tutional provisions regarding the sane
tity of contracts.
The Assembly will not act on tn,
bill until next Tuesday. The plan Il
have the lower house pass the bill
to-day and thus place it before th.
Governor before nightfall was mad,
impossible because of the large mum
ber of members of the majority de
parting for their homes over the weel
end.
They did not leave. however, un..
after they had obtained permission
from their leaders. who agreed on mex
Tuesday as the date Of passage of tl.
measure in the Assembly.
ayyrs E:uLt IN ru~ p:U