The New York herald., 1922-03-25
Hylan's Orders for City to
Take Over I.R.T. Lines Are
Likely to Be Ignored.
PEACE DOVE AT HEARING
Board Of Estimate Votes ST.
600, 900 Contract for Bel
mont Tunnel Extension.

Mayor Hylan's orders to institute
proceedings to enable the city to take
over, under forfeiture of contractual
rights, the subway lines of the Inter-
borough Rapid Transit Company are
likely to prove as futile as did the
effort of the Interborough to get an
eight cent fare before Gov. Miller
could inscribe approved" across the
face of the prohibitory act.
Members of the Transit Commission
comment upon a situation upon which
they may have to act in a quasi
judicial capacity. They were not at all
perturbed, however. by the Mayors
most recent spectacular gesture. One
Commissioner said:
"What the commission is seeking at
he moment is more service and not
more litigation"
In the light Of the statutes, 1t was
pointed out, there is not much encour-
agement for the drastic program that
Mayor Hylan has imposed upon Cor
2oration Counsel O'Brien. In the first
place, the initiative In the matter of
taking over any transit line for con-
tract violation Is vested exclusively in
the Transit Commission. That body
alone has power to seize the subways.
And even If 1t should see Fit to do so
it would not be the city, as the Mayor
appears to suppose, that would inherit
The power TO operate the lines.
Operated by Commission.
Under the language of the statute
Inc railway would have to be operated
by the Transit Commission and 'for the
benefit of the lessee" (the INTERIOR
ough). In the event OF a receivership
the commission would have to operate
the subways for the benefit of their
bondholders.
sion would be confronted by the same
liabilities. similar revenues and like
problems to those which menace the
Jnterborough company to-day.
Secondly, Ii was authoritatively de-
clared. IL the commission should consent
10 act favorably 10 the Mayors demand.
seizure OF the subhays of course would
be resisted desperately in the courts
and the act would be the signal for pro-
A'dticu anu tdTu lOuknt ltiSdtion.
Thirdly. 1t was suggested. II would
he unreasonable to expect the Transit
Commission. which Is now engaged in
an orderly procedure aiming to better
conditions of subway congestion, to halt
that inquiry In order to elicit evidence
in support Of such an action as the
Mayor directs his Corporation Counsel
TO begin.
Although the Mayors order was to
t,,ut ~, ss.,fty =,
days delay" Mr.. O'Brien has taken no
steps yet to do SO. II was strongly
intimated that he will defer further
action until he has had the opportunity
to cross-examine Frank Hedley, presi-
dent of the Interborough.. That cannot
happen before next Thursday afternoon
the day to which yesterdays session
was adjourned
HedIey Is Cross-Examined.
Mr.. Hcdley was under cross-examina-
tion all day at the hands of Clarence
J. Shearn, counsel to the commission.
Mr. O'Brien was an attentive listener
throughout. His mood was uncommonly
mild and conciliatory. District Attorney
Banton Acknowledged His Honor's let
ter an.4 referred II to an assistant for
consideration.
The afternoon hearing offered the
UTSt ray OIL UKnL IOT tne UOWnlrOQIN1l
straphanger of the nonrus and the
near rush hours. Mr.. Shearn, aft,r
patient prodding. persuaded Mr.. Hedley
To say that under certain contingencies,
hegirt with several formidable "ifs," he
thought he could raise sufficient capital
whcrewith to order $50 new subway
cars. by using which conditions could
be improved by distributing maximum
capacity service over longer periods
- sw1x La. L.
These new cars probably could be de-
llvered ready for service within about
seven months.
First among the conditional Ifs was
tho possibiiity-and Mr.. Hedley said he
stu hoped for it--that pending negotia-
tons with the Manhattan Elevated
might yet result between now and April
] In such substantial reduction in the
present per cent. rental on the s60,-
100000 lease as to ease greatly the Inter-
borough's present financial burdens. IL
was in order to permit the Interburough
president and It's general counsel, Mr..
Quackenbush, to devote their entire time
during the early part of next week to
this effort that tho commission con
sented to an adjournment until next
Thursday.
board OF Estimate blamed.
n SECOND ana Vitaf OBSTRUCTIVE III
fH contingent upon the Transit Commits
sion and the Board OF Estimate burylnR
the hatchet in the public interest. and
like the millcnnlal lion and lamb. living
down together IL Mr.. Hcdley should be
able to buy his new cars he must have
places provided for their storage and
Inspection, and also enlarged shop facii-
tiles. To provide such facilities IL
among the city's contractual obligations
which have failed OF fulfillment because
or the recalctrant attitude of the Board
cf Estimate.
Corporation Counsel O'Brien explained
that tho belated contracts providing for
Continued on Page Six.
AArnrdlnlnr Will hn fnfInd m a q u.