New-York tribune., 1921-04-28
Accuses McAneny Body of
Usurping Power, but
the New Commission.
Unmoved, Begins Work
Decision Delayed
In Injunction Case
Judge Gives Both Sides
Five Days to File Briefs
After Hearing Defense

John H. Delaney yesterday refused to
surrender his position as Transit Con-
struction Commissioner.
He filed an affidavit before Supreme
Court Justice John V. McAvoy calling
upon the court to- decide whether he or
Governor Miller's newly appointed
Transit Commission should conduct the
clty's traction business Pending de-
cision, he asserted, he would decline to
yield his authority in spite of the fact
that technically, under the traction
law, his Office was abolished on Tues
day, when George McAneny, Leroy T.
Hardness and Major General John F.
Organ, the members of the new COM
mission, formally assumed control of
the Offices at 49 Lafayette Street
Notwithstanding Mr.. Delaney's move,
Mr.. McAneny and his associates yester-
day were in full possession of the Of
flces and records and were conducting
ro1tlne business. Mr.. Delaney, who
was in the building, was regarded
merely as visitor. Mr.. McAneny said
he understood that Mr.. Delaney's ac-
ton was designed merely to establish
his status in view of the suit for an
Injunction brought by the city against
the new commission,
Traction Argument Heard
Argument on the city's petition for
an injunction to restrain the commits
sloners from functioning, on the ground
that the Knight-Adler law, which
created them, was unconstitutional, was
heard before Justice McAvoy, but no
decision was rendered. The court gave
counsel for each side five days in which
to submit briefs.
several hours after the argument end
cd. When Mr.. McAneny and his asso-
ciates called to take possession of the
Transit Construction COMMISSIONER
office, Mr. Delaney said in his affidavit.
he presented them with a letter, as
sserting he would refuse to give up Of
fee, but w1uld resort to no physical
force to retain it,. He went out to
luncheon at l o'clock, leaving his office
in charge of Daniel L. Ryan, his
deputy, and Francis j. Sinnott, his sec
retary, and on returning found that the
new commissioners had taken possess
sion, he declared.
ut is my intention, unless otherwise
advised or directed by this court" Mr..
Delaney's affidavit said, "to continue to
attend the office and to perform the
official duties of the said office of Trac-
ton Construction Commissioner until
this court has passed upon the applica-
tion of the Corporation Counsel for an
injunction restraining the defendants
from taking possession of the property
and papers in question. Because there
appears to be grave public emergency
present, involving not only the custody
OF evidence of city -owned property ag-
gregating in value more than $40O,OOO.-
900, but also the lawful payment of
moneys due to employees of the Com
missioner and contractors engaged in
constructing the extensive public works
now in progress by the Commissioner
deponent prays that the issues be i'm
mediately determined and that he be
instructed by the court respecting his
present official status and his duty in
the premises"
Delay Expected in Decision
1t is expected that Mr.. Delaney's affi-
davit will be passed upon when the
citys injunction proceedings are dis
posed of, probably next week.
The question whether the city would
pay out any money in response to the
Transit Commissions orders was not
uSCAucu yesterday. OOuptFOller CTalH E
declined to discuss it, 1t was learned,
however, that the city officials will urge
the Board of Estimate to refuse to
make appropriations, thus forcing the
new commission to resort TO mandamus,
as provided for in the law
Part of the commissions first full
days business was devoted to the
preparation of briefs in defense of the
city's suit. Francis j. Snnott, brother
of the son-in-law of Mayor Hylan,
added to the activity by serving Mr..
McAneny with protest against being
ousted as secretary to Mr.. Delaney. Mr..
Sinnott, who was captain in the 3O2d
Engineers of the American Expedition
ary Forces and was wounded, asserted
that as veteran he cannot be removed
except for cause. The protest was re-
ferred to Louis C. White, counsel for
the commission.
Frank Hedley, president of the Inter
borough, was a caller on the commits
sioners. Mr.. McAneny said that no
business was discussed, Mr.. Hedley's
call being merely a social visit.
Francis NJ. Scott and Godfrey Gold.
mark appeared as counsel for the new
CONTINUED page fcur)