New-York tribune., 1922-10-05
Hylan Bus Lines
Ruled Out by
Order of Court
Justice Mullan Enjoins 80
Without Franchises; To
Operate Pending Decree;
Appeal May Save Them
Mayor in Very Bad Humor
Directs Corporation Counsel
Post Haste to Devise
Means of Evading Ruling

Means of Evading Ruling
All the municipal bus lines operated
under the Hylan regime will be mn,
out Of commission by the sweeping de.
clslon rendered yesterday by Justice
George ". Mullan, of the Supreme
Court, on the application of tax.
payer for an injunction against the
operation of such lines without corn.
plying with the law in the matter OF
franchises. There are more than
thirty bus lines now operated b,
private owners under the sanction OF
Mayor Hylan and the Board of Esti.
mate.
The busses will continue to run. i,
was said last night, pending the formal
entering of the order, which NAV be
three or four days. They would ther
have to stop unless an appeal by the
! city intervenes as a stay and keeps
them on the streets until the matte,
| is passed upon by the higher courts.
Muni|pal busses have been ono OF
| the Mayors pet projects He was
| greatly incensed when he learned OF
Justice Mullar's decision. The Mayor
was sitting with the Board of. Estimate
on the 1923 budget hearings. Cor
| poration Counsel O'Brien had just re.
| quested an additional appropriation of
Sl25,0oO for salary increases for new
members of his staff
Urges Fight Begun at Once
Never mind pleading any further
here" said the Mayor to Mr.. O'Brien.
We will grant you your $125,0oO for
office Immediately and see if there is
not some way to restrain this court
| order. Hundreds of thousands of peo-
pie will be seriously inconvenienced ii
busses in this city are stopped. 1t
would be an outrage if we didn't fight
it to the limit. Never mind arguing
any more. Please go back and start
your fight"
The Mayor inquired if Justice Mu1lan
was the man who had been law part
ner of the late Mayor John Purroy
Mitchell, and when informed in the af-
tirmative he merely grunted.
Commissioner Grover A. Whalen, of
the Department Of Plant and Struc-
lines, issued statement deploring the
court decision and declaring that 2O0,-
600 passengers rode in the buses
| daily. He said the emergency existed
demanding the busses and their dis
continuance would have a most serious
effect upon the surface transportation
condition in the city.
"The health, comfort and conven-
ience Of the public will be very seri-
ously impaired and interfered with by
Justice Muilan's action" said the Com
missioner. "There is no doubt in my
mind that the railroad interests in this
being brought. 1t is sad commentary
completely in the grasp Of the rail-
road interests in controlling the trans
portation system.
Lists Lines Affected
"The emergency that arose by the
abandonment Of certain surface lines
in this city was met by the establish
this departm ent, and during the period
of time over which this emergency has
existed some forty-eight bus lines were
established. At the present moment
Justice Mullan's decision will affect the
operation and compel the discontinue
ance of the following bus lines now in
operation in the boroughs Of Manhat-
tan, Brooklyn, Bronx, Queens and Rich
nond:
| Delaney and Spring Street, Avenue
C, Madison and Chambers Street. Eieh-
ty-sixth Street, Ninety-sixth Street,
Sixty-ninth Street, Grand Concourse
and Boulevard, Dyckman Street. Wash
ington Heights, Jerome Avenue, Pros
cr1. n,1L 1Lo~~
Bay City Island, West Farms-City ISL
and, Greenwood Avenue tl1lth Street,.
Howard Beach, Flushing Bayside.
South Ozone Park Richmond Hill,
Richmond Hill-Jamaica. Creacent
Street-Old Mill, Fresh Pend Road-Ja-
maica, St. Adams Jamaica, st. Adams
Hollis Jamaica, jamaica Rosedale, Fiji
ty-eighth Street Brooklyn. Far Rock
away, Kings Highway. New Dorp Lane
Cedar Grove, City Island Northern
City. Jamaica-City Line, Springfield
Dock-Jamaica, Twenty eight Twenty
ninth Street, Grand Central-Pennsyl-
vania Terminal.
Justice Mullan sets forth in his
written opinion that Edward Schafe,,
taxpayer, is entitled to injunctiye
relief restraining the city and its Of
ficials, from Mayor Hylan down, from
"appropriating the municipal funds
|. for the purchase and operation Of
municipal motor busses," and "the op-
Grating, or assisting in or supervising
the operation of the privately owned
busses that are now being operated
without franchises but with municipal
sanction"
Corporation Counsel O'Brien said
last night that as soon as the formal
order was entered he would appeal 20
the Appellate Division.
WHITE SULPHUT sPRINGS--GIorious
now for rest and sport, Gosf. tennis horse