New-York tribune., 1921-04-26

preme Court. es ou-
: Il In an afIldavit filed by himself. Mr..
nrlen quoted Mr.. McAnery, in an
effort to show that increased foraa
were imminent. The Corporation Couus
sci, in his affidavit, said:
AT the hearing on March 90 before
the Governor, the defendant. George
McAneny, said, among other th;nos:
'of course, it is an attractive thing In
say you shall pay 5-cent rather Than
'-cent fare. The reference to eight
cents, / consider the fancy Of some
one's mind. None Of these things are
determined, but let US assume that it
viii be six or seven or what is neces-
sary 10 give lair return for these
securities
"Aftiant. therefore, AYERS that the de-
5endant, George McAneny, favored and
favors under said act ali increase of
rates OF fare upon the street and rapid
transit railroads and the stabiljzation
OF tne securities of companies or cor
porations operating street railroads
within the limits of plaintiff"
Charges "Indivisible" Plan
me general charges in the complaint
are that the law purports to empower
the commission "either before or after
hearing" 70 increase the rates of
fares upon subways, surface and ele-
vated lines in excess of the rates fixed
by contract between the CITY and the
companies" and that it
illegally provides for and unlawful
~ attempts to create an entire indi-
visible and single Legislative plan and
scaemc to rchabilitate certain street
railroads, subway, surface and elevat
ed, and to regenerate, resuscitate and
stabilize the securities therein, at the
expense ana by the use Of the money,
property and credit Of the plaintiff
Mr.. O'Brien went back to 1886 for
evidence that the traction act violated
the cts rights. In that year, he said,
governor Dongan granted charter
which clearly establishes the intention
OF the city fathers that the munich
pallty should have control Of it's own
thoroughfares. Charters granted in
1880, 1882 and at later periods were
cited.
The eight alleged constitutional vio-
lations upon which the city asks for an
injunction are:
Article XII, Section 2, of the state
constitution, which requires that such
laws must be submitted to the Mayor
for approval or dsapproval. In this
connection Mr.. O'Brien cited that the
original Public Service Commission
Law, OF which the present act is an
amendment was submitted by Gov
ovnor Hughes in 1907 to Mayor Nc
Clellan and, being disapproved, was
signed by the Governor
Article Il, Section lS, which was in
coyDcrated in the state constitution
IL 1870 III order TO provide a larger
measure OF local control over the
city streets, and to fix the basis. as in
the case OF fares, upon which the
streets might be used for trans
portasion.
Taxing of City Property Forbidden
Article l, Section 6, which forbds
The taking or property without due
process of law and also forbids the
taking Of city property for private
use, the city contending that the dele
CATION Of plenary power to the Transit
Commission dcprives the city Of con-
trol given by this section.
Article 10, Section 2, that the
transit Commissioners are state ap-
pointed. whereas they should be elected
" the electors Of the city
Article s, Section s, which provides
tnat mo county city, town or village
shall hereafter give any money or
property or loan it's money or credit to
or in aid of any individual. association
or corporation, or become directly or
indirectly the owner Of stock or bonds
of any association or corporation; nor
shall any such county, city, town or
village incur any indebtedness" except
for its own use.
1t is further claimed by the city "that
the act unlawfully and illegally dele
gates to the mmission the legislative
powers and functions Of the Legisla
ture in that it purports to devolve upon
Mr.. McAneny and his colleagues gen
eral power to legislate in respect of
the preparation of the plan and read