The New York herald., 1921-04-25
Hylan Plays Fernando Wood.

Iiyldn lays TchndIluO VOou.
For the benefit OF remote readers
who do not know how impossible the
present Mayor of New York Is and
what impossible things he under
takes let us summarize the almost
unbelievable thing Mr.. HYLAN Is try
ing to do In the traction matter:
He has directed his Corporation
Counsel, city official, to order the
former Transit Construction Commits
sioner State official, to refuse to
quit his office, although the Commis-
sioner's job has been abolished by the
State Legislature.
We cannot imagine who sowed the
seeds Of this remarkable idea in the
Mayors head. Surely 1t cannot be
the Hon. HIRAM JOHNSON, although
HIRAM was brought East for the very
purpose Of thinking big thoughts and
plotting deep schemes to thwart the
Corporate Interests. But the aurora
borealis Of California Is not daft. He
knows that HYLAN has no more juris-
dlctlon over State matters than he
has over Federal affairs. If HYLAN
had caused his Corporation Counsel
to direct BYRON r. NEWTON not TO
surrender the office of Collector OF
the Port to GEORGE w. ALDRIDGE his
hn Yid
than 1t Is In the case of the Transit
Construction Commissioner.
The wretched Mr.. OBRIEN, who
holds the job of Corporation Counsel
by grace Of the Mayor, utters no de-
fence Of his remarkable action except
to say that in his opinion the Knight
Adler law is unconstitutional and
that therefore the new Transit Com
mission has no standing in law"
Every lawyer knows that new law
stands, even if 1t is unconstitutional,
until 1t Is proved unconstitutional.
The Corporation Counsel knows 1t,
but he is yielding to the Mayors
Il
missioner knows this too. How long
he will play the part of humoring
the Mayor remains to be seen. OF
course the whole proceeding is futile.
not only in its legal aspect but in its
purpose, which cannot be other than
the inflammation and deception of
the ignorant.
The Mayor cannot even claim orig
inality In this silly performance. The
game of trying to pit the city against
its creator, the State, was tried here
by another wild Mayor. FERNANDO
WooD-a cleverer man than HYLAN
but equally greedy for the mob's APP
plause. In 1856 the State established,
for the protection of this city and its
neighbors, the Metropolitan Police, to
include New York, Kings, Richmond
and Westchester counties, The first
board of police commissioners was ap-
pointed by the State. Mayor WooD
declared the Metropolitan Police act
unconstitutional and refused to obey
ii, just as HYLAN Is treating the
Public Service law. There was
riot over the possession of Police
Headquarters, but in the end Mayor
WooD, fearing arrest, surrendered.
The cases Of WooD and HYLAN are
In most particulars parallel, but there
Is more to say in defence of WooD
than of HYLAN; for WooD tried TO
keep something which the city had
had, while HYLAN is trying to keep
the State from taking over State
Office 1t was not HYLAN but Gov
ernor SMITH who appointed Transit
Commissioner DELANEY.
New York is not the place for
HYLAN. He ought to be Mayor of
the Fourth Dimension. Out there.
according to the speculative scien-
lists, you can turn a rubber ball In
side out without harming it. Doubt
less Mr.. HYLAN could have his Cor
poration Counsel mandamus Betel-
geuse against shining Or he could
get an injunction TO keep the sun
from remaining as the centre of the
solar system.