The New York herald., 1922-05-11
District Attorney in Inquiry
Exonerates Company for
Double Charge.
PLEA BY TRANSIT BOARD
O'Brien Gets Setback in Bring
ing Up B. R. T. Strike Cost
at Hearing.

The Transit Commission yesterday
placed upon Dana Wallace. District
Attorney of Queens county. the re-
sponsibility of determining whether a
misdemeanor had been committed
either by the receivers of the Stein
way lines or by the New York and
Queens County Railway Company in
ignoring yesterday morning the COM
missions ruling estopping them from
independent operation and the exac-
ton Of dual fare.
Before night District Attorney Wal
lace had absolved from blame the Of
fcers Of the New York and Queens
County road. He announced that ne
would hear the receivers of the Stein
way lines in their own defence be-
fore taking further steps.
The commission, after having held
special meeting. issued a formal state
ment in which 1t said:
'The receivers and the company have
deliberately ignored the orderly pro-
! cedure provided by the statute for hear
ing and determining questions OF the
sort that have developed in this matter
The Transit Commission, therefore. has
certified this violation to the District
Attorney of Queens county. this peing
the most direct and expeditions method
for securing proper compliance WIN
law"
Justice Cropsey Consulted.
District Attorney Wallace. with his
assistants. Henry vollmer and Frank
s Phillips. first consulted Justice James
G. Cropsey of the Supreme Court and
then held a conference with William
o. Wood, president. and Arthur @.
Peacock. attorney for the New YORK
and Queens County Railway Company.
Mr.. wallace thereafter said:
.'Mr. Wood and Mr.. Peacock have
convinced me that they had been re-
strained from operating the lines. They
inform me also they now are operating
only such portions Of the lines as are
still under their jurisdiction and In ac-
cordance with their franchise rights.
"Aftsr careful consideration 1t seems
IN anpear that there has been no dis
obedience Of the order.
"Before coming to a final decision
whether the rec eivers have violated the
law and whether any misdemeanor has
been committed by them or by any other
persons, have decided to inform the
receivers that l will give them the OPP
portunity of presenting to me any facts
which they may have and which may
not have been brought to my attention
up to this time"
shuttle Service Ordered.
Within a short time after the decision
exonerating them Mr.. Wood and Mr..
Peacock announced that the New YorH
and Queens would to-day reoperate a
shuttle service from Riker avenue to
North Beach, about three-quarters OF q
mile. and between st. Michaers Gene
terry and North Beach. about one and
one-half miles.
Mayor Hylan. when he learned OF the
Transit Commissions action. informed
District Attorney Wallace that he would
place in his support all the power of
the city administration. The Mayor
expects to confer to-day with Mr.. Wal
laos and Corporation Counsel John L.
OBrien.
Though there was much confusion
along the lines OF the severed system
and many sporadic cases of refusals to
pay the double fare no serious disorders
were reported on the initial day of seq
regated operation. During the home
rush hours there was considerable over
crowding on the Steinway lines. which
were run on a five minute headway.
while those of the Queens lines operated
on an interval OF only two and a half
minutes. Nearly 10000 persons changed
cars at Woodside between and s "A. NJ.
Section 56 of the Public Service Com
mission provides that officers or agents
OF any street railroad corporation who
shall violate, or abet any violation of
the act, or who shall fail TO comply with
any order OF the Transit Commission.
shall be guilty of n misdemeanor. I'M
less otherwise specified In the criminal
code, misdemeanor Is punishable by
$500 fine or maximum imprisonment of
one year. or both
John r. O'Brien. Corporation Counsel.
Just before adjournment yesterday OF
the Transit Commissions inquiry on
inadequate 3. r. T. subvay service.
gave notice that he wanted thorough
airing of the expenditure by the B. r.
T. of $500 0c0 for the suppression of the
strike of 1920. This matter Is not going
TO go into oblivion II ] can help it," he
Tdeclared, "and I'm not going to let the
statute Of limitations run against Il be-
fore demanding action. If It is true
that 500 600 was paid to Bergdoff Bros.
& Wardell, presumably for strike break.
ers. IL is most astounding thing"
Take that up with Judge Mayer" ad-
vised Clarence ]. Shearn. chief counsel