The New York herald., 1922-01-18
Appellate Division Expect
ed to Issue Mandatory Or
der to Pay Salaries.
0'BRIEN KEEPS UP HOPE
Declares City Is Prepared to
Garry Case to United States
Supreme Court.

The unanimous decision of the State
Court of Appeals affirming the consti-
tutionality of the act creating the
Transit Commission and the validity
and binding force OF it's acquisitions
tor funds was received with intense
satisfaction in the Office of the COM
mission. 40 Lafayette street.
George McAneny, chairman of the
commission. after reading complete
copy of the decision which had been
sent from Albany, said: THE decision
Is clear and comprehensive. Needless
to say, it is highly gratifying both to
the commission and to its counsel"
With Mr.. McAneny was Commits
sioner Leroy T. Hardness. The latter
had his own particular reasons for
complished lawyer and was one OF
the trainers of the statute whose con-
stitutionality now has been sustained.
Before it was presented as a bill to
the Legislature Mr.. Hardness was
summoned 70 Albany by Gov. Miller to
confer with other experts in the task
of so drafting the measure as to make
it inapregnable TO assault.
Others who united with the Commits
sioners in the general jubllatior were
Col. Howard Thayer Klngsbury and
Godfrey Goldmark OF counsel to the
Transit Commission. II was Mr.. Gold
mark who. in association with former
Justice Francis NJ. Scott. special coun-
sci, had pitted their forensic batteries
against United States Senator Hiram
Johnson. champion for the Hylan ad-
ministration.
Corporation Counsel John p. OBrien
declared his intention OF carrying the
matter to the United States Supreme
Court in behalf OF the city administra-
tons contention. He said:
Having received only syllabus OF
,he decision over the telephone we must
defer detailed comment upon the deci-
sion until we have received and ana
lyzed a complete copy OF the same. We
are and have been for some time pre-
pared to take an appeal in this matter
to the United States Supreme Court.
While further litigation seems to be
mace necessary Dy the deciSion OF the
court. We have complete confidence that
ultimately tine law VIII be found to be
invalid"
Sharing in the satisfaction OF the
Transit Commissioners were the ESQ en-
ployees Of trar body. wncse pay has
peen held up since December IS last By
the refusal OF the Board OF Estimate to
honor acquisitions of the commission for
expense and payroll funds.
The Board OF Estimate holds its next
regular meeting Friday. Now that all
legal distractions appear TO have been
swept away Il Is expected the Appellate
Division will issue mandatory orders
to the Board OF Estimate to meet with
out further quibble the acquisitions OF
the Transit Commission for its necessary
expenditures
In Transit Commission headquarters
Corporation Counsel O'Brien's threat TO
carry an appeal 10 the United states
Supreme Court was not regarded seri-
ously. Mr.. Harkncss and Mr.. Goldmark
agreed that the case involves no Fed
eral question and that II had been de-
oided by the Court OF Appeals purely
on It's merits az question OF the legal
construction OF the statutes OF the State
of New York Doubt was expressed
whether Mr.. O'Brien could ind any
Judge who would be willing to issue
writ of error wherewith to smooth
the path TO the Federal Supreme Court !