New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-04-23
O'Brien Demands That
He Retain His Office
and Keep Possession of
All Books and Papers
Threatens Court
Action at Once
Says Knight-Adler Law
Is Unconstitutional and
City Will Fight to End

Corporation Counsel O'Brien .yester-
dsv launched his legal contest with the
new Transit Construction Commission
bv making formal demand on Transit
construction Commissioner Delaney
that he retain his Office and keep all
hooks and papers Of the Office in his
possession.
"A letter making the demand was
sent from Mr.. O'Brien's Office last
night. He announced that he would
hack the letter with immediate court
action. The letter said in part:
"As you are aware, bill has passed
the Legislature and been sanctioned
BY the Governor, purporting to appoint
q transit commission with jurisdiction
over the matters and things concern
ing which you have acted in the past
The Transit Commission is, apparent
hy, made your official successor, and no
Goubt upon the appointment of the
commission by the Governor de-
mand will be made on you for the
books, papers and documents of the
Office.
Calls Law Void
1.-THE City of New York through it's
duly authorized agents and representa-
tives hereby notifies you that the act
referred to is invalid, unconstitutional
and void, and that the Transit Com.
mission designed to be appointed by
that act is without power or authority
because of it's nconstitutionality and
invalidity.
"The City of New York, therefore
demands that you retain and continue
in the office of Transit Construction
Commissioner, and that you retain and
maintain the physical office now occu.
pied by you and that you retain al
Mr. O'Brien said later:
"The city will not defer action unit
Governor Miller's new Transit Com
mission has adopted some plan for re
vamping the street railways, or unit
the commission has carried out it:
plan of raising fares to six, seven OF
eight cents.
"Our position, taken after mature
delibaration and careful analysis O,
the Knight-Adler law, is that this
law violates so many provisions of the
state and Federal constitutions that
is unconstitutional and invalid. The
commission appointed pursuant to its
provisions has no standing in law.
"There need be no Disgusting the
fact that Mayor Hylan and his col
leagues on the Board of Estimate and
Apportionment will fight it every inch
Of the way"
Papers Are Ready
Mr.. O'Brien declared later that since
the commission had no legal standing
it could have no authority in law over
any properties of the city in posses
sion of Mr.. Delaney, nor incur any
expense which might ultimately be
charged to the city. He said that city
funds amounting to more than $780,
goo had already been appropriated for
the use of Mr Delaney and that every
effort would be made to prevent the
new commission from directing their
use.
The papers for the actions Mr..
0'Brien intends to bring have been
prepared ready for going into court
as soon as the new commission has
been sworn in.
If the present plans are followed out
TINS will be next Monday, when the
commissioners will 60 to Albany to
qualify at the same time as the new
Public Service Commission.
Mr.. Delaney, who has already dis
cussed matters with Mr.. McAneny con-
cerning the transfer, could not be
reached by telephone last night to
learn what response he would make to
tne demands of Mr.. O Brien. Chair
man McA Aneny refused to comment on
Mr O'Brien's demands. None of the
new commissioners offered any COM
ment.