New-York tribune., 1921-03-24
Tax , Suit
Is PreParedin IN
raction Fight
Action 10 Be First in City
Oflicials' Campaign 70
Block enforcement Of
Governors Transit Bill
Plan Other Litigation
Appointment A Of New Board
Soon Assured; /; La Cuardia
Hits yellow, New Workers

Action by the city ADMINISTRATOR TO
block the enforcement of Governor
Milier's traction bill, which will become
a. law as soon as the Governor signs
the measure next week. will be started
by taxpayers suit.
The suit, it was learned yesterday, al
ready is prepared. It Will seek to en-
join the three transit commissioners to
be appointed by the Governor from in-
creasing fares. The ground will be
taken that an arbitrary vfncrease in
would be in vioiativn cr contracts exist
ing between the city and the traction
The suit will be started as an inde-
pendent action by 9 taxpayer, but 1t is
understood that it has the full ap-
7roval of Mayor Hylan and Corporation
Counsel O'Rrien. Mr.. O'Brien, after
consulting with Senator Hiram w.
Johneon. Of California. the citys spe-
cial counsel, has decided to follow the
taxpayers suit with one or more other
suits attacking the constitutionality Of
the measure. Neither Mr.. O'Brien nor
Senator johnson yesterday would dis
close the nature OF the suit to be insti-
tuted by the city.
Won't Attend Hearing
1uG 0VVeIuOI ucSlEsl6tcu uSAs Aucc
day for final public hearing on the
bill. City. officials declared that they
saw no prospects for winning the Gov
ernor over to vetoing his own measure
and that any elaborate argument at
Albany would be futile. 1t is unlikely
that either Mr.. O'Brien or Senator
Johnson will go to Albany.
The creation of new transit COM
mission to supplant the present Public
Service Commission within three weeks
WAS looked upon as assured.
Traction experts began to speculate
as to the personnel Of the new commits
sion. Among dozen possibilities
those most prominently mentioned as
likely to be selected were:
James Blaine Walker, who was as
sistant secretary Of the Public Service
Commission when it was appointed by
Governor Hughes and who later be-
came secretary when Travis II. Whit
ney was promoted to membership in
the commission; George McAneny, who
was President Of the Borough Of Man
haitian when the dual subway plan was
adopted; William Barclay Parsons,
chief engineer Of the original subway;
Leroy T. Hardness, legal adviser to
the Public Service Commission on rapid
transit construction contracts; Will
liam A. Prendergast, formerly Comp
troller, who has had long experience
in traction questions and who sup
ported the Miller plan; Oliver G.
Semple, counsel for the commission
from 1907 to 1918, and William r.
Wilcox. who was chairman Of the COM
mission during the controversy over
the dual contracts.
Calls N. Y. Legislators Yellow
"Weakkneed, spineless and yellow"
was F. H. LIS Guardia's characterization
yesterday of the New York members OF
the Legislature who voted for the bill.
The President of the Board Of Alder
men issued statement asserting that
these members yielded to pressure. Mr..
La Guardia said:
mo mercy is to be shown the weak
kneed, .spineless, yellow representatives
from New York City who were dominat-
ed by this political pressure. It. is dis
gusting to see young men in their first
term not alive to the spirit Of to-day,
permitting these old bosses, who will
be the first to- kick them out the minute
they displease or disobey, bend to the
dictates Of the sponsors Of this meas
use. Every one of them will go down
to defeat.
sThose Of US from the new school of
politics will have to renew our vigor
to drive out the stand-patters, reaction
aries and corporation-serving bosses of
the party. They were driven out by
Theodore Roosevelt, and now that he
is gone they are creeping out Of their
holes and are trying to make UP for
lost time. We must renew our energies
and drive them out again by pointing
the finger Of scorn constantly at them
and defeat their subservient tools
placed by them in representative posi-
tions.s
Much Depends Upon Board
Local Republican leaders and they
include Chairman Samuel S. Koenig
of the New York County organization
agree that once the nill is law, the
character and standing Of the commits
sioners to be appointed by the Cover.