New-York tribune., 1922-03-16
|. r. Z. Threat
OF Receiv verss,ip
Gains spite
Iesailaa . ...v ~ ansl

t. OF course. il would - my Scty 20
ask the committees repress>sing tho
security holders whethc. they would
advance any further money to the COM
pany ratner tran have that litigation.
'I cannot make any promise here
! cannot underwrite the financial abl-
ty in the futurc. tomorrow or two
weeks or th.rJy days from today Of
he Intorhorough Rapid Transit Com
nany. 1t is in perilous condition.
have made no concealment of it.
The light seemed TO be breaking a
little for Il But II it escapes re-
ceivcrship, I think it will be due to the
Indulgence G. this commission about as
much as anything else. Any order of
me character that you mention would
mean receivorship.
Questions Commissions Power
"If Judge Shearu is going to advise
his commission that recevership or
% receivcrsnip. You will go on with
the orders and force me to review it,
I will insist that you sit as the repre-
sentstives of the sovereign power OF
the state exercising those powers which
arc renewable by the Appellate Divi
sion and not undertake to enforce
your rights or the rights of the city
under contract No. 3, which probably
are not reviewable.'
you do not contest the power Of the
commission, under the contract. to
make an order of service ." asked Com
missioner Harkness.
81 certainly do" said Mr.. Quacken-
bush "If you are going to say, You
run such schedule in the subway at
such time you do it by the exercise
Of the police power, not under your
contract. II the commission makes an
order of the character which is init
mated I shall imm ediately cite the case
Of the International Railway Company
IN Buffalo, whore the Court of Appeals
said that you cannot make an order
that disrcgards the financial ability of
The corporation to carry it out You
cannot put anybody in jail if they do
rot obey the order because they haven't
the means TO carry it out
''The commission cannot wait month
after month and allow the service to
further exasperate the public" said
shat this commission is going to COM
pei an improved service. Why post
pons. why wait, when the inevitable
result is going to be an Improvement
Of service, or receivership? A re-
ceivership is inevitable unless the com
missions plan is accepted. As we all
believe the plan is going to be opera
tive, let us have the better service at
once. Let them come in here and ask
a
The situation is such that we are bound
to issue orders for an improved
service"
Pleas for Service Heard
Alexander Cumming as counsel, ap-
peared for an Upper West Side organ
tzation demanding better express serv
ice or. the Seventh Avenue and Broad
way line. Former Tax Commissioner
Collin H. Woodward asked the COM
mission TO see to it that the third
track above 137th Street is used for
passenger traffic and not for car stor-
age, as at present. G. A. Gardiner,
Of the Esd Assembly District Repub-
lican Club, asked for better elevator
service in the subways at 16Sth, 161st
and 191st streets. j. J. Walker, of
Brooklyn, asked that the Lexington
Avenue expresses be run to Utica Ave
nue. instead of stopping at Atlantic
Avenue.
Murray Hubert, President of the
Board of Aldermen sent q letter to
the Transit Commission yesterday COM
plaining about inadequate service on
the Broadway division OF the Inter
borough. Mr.. Hubert says that he
changed from a southbound express at
Seventy-second Street to get local
and that, after waiting for some time,
three-car Lenox Avenue train, already
crowded, stopped TO pick up the pas
sengers discharged. A riot nearly re-
suited when efforts were made by the
outsiders to get inside. Returning
home the same day he took Lenox
Avenue train at Times Square and
changed at Ninety-sixth Street for a
broadway train. He found it impossi-