The New York herald., 1922-03-24
MAYOR ASKS BANTON (.
TO SEEK INDICTMENT
OF NTERBOROUGH
Says to Find if Company
Defaulted on Contract
With City.
SEES MENACES TO LIFE
Believes Also There Is Basis
for Filing a Charge Of
Conspiracy.

Mayor Hylan last night instructed
John p. O'Brien, Corporation Counsel.
to take steps without even a days
delay" looking to the city taking over
for municlpal operation the subway
lines of the Tnterborough Rapid Tran
sit Company. on the ground that the
Interborough had defauted in its con-
tract obligations to furnish adequate
transit facilities.
At the same time the Mayor wrote
letter to District Attorney Banton
asking him to consider whether made
1uate subway service is not condi-
ton which should be presented to the
Grand Jury as constituting "a menace
to the life, health and safety of the
travelling public and amounting to a
serious public nuisance"
He suggested further that the Dis
trict Attorney inquire whether there
has not been a criminal conspiracy
ito commit an act injurious to the
public health and to public morals"
Hedley Blames City.
Mayor Hylan's drastic orders came as
the climax OF a day in which Frank
Hedley, president and general manager
of the 1rterborough Rapid Transit Com
pany, testifying before the Transit Com
mission. had placed the major part of
the responsibility. for inadequate and
inferior subway service squarely upon
~tt .f..s~
fusal OF the Board OF Estimate to ap-
propriatc funds for the furtherance of
constructive work to the completion of
which the city stood pledged by its
signing of Contract No. nine years
ago.
I'VE could have given better service"
was the burden of Mr.. Hedley's defense.
III the city. instead of breaking faith
with US. had given us better tools to
work with"
The spectacle is presented, therefore,
of each party TO Subway Contract No.
S-thc city and the Interborough-ar-
raignng the other for breach OF its OBJ
legations, with the city demanding for
feiture of the subways as the penalty
of such breach. The city must seek
such forfeiture through the agency of
the State Transit Commission. body
with which il has been conspicuously at
sion should refuse 10 act upon the Cor
poration Counsels motion. the city ad-
ministration's remedy then would lie in
a mandamus action, which would at
once throw the issue into the courts.
Fare Increase Is Refused.
The Interborough's spectacular ap-
plication for an increased rate of fare
died a-bornng. Apart from the fact
that Gov. Miller effectually scotched II
by signing the amendatory Simpson
Jesse bill. the commission itself, on. the
advice of it's special counsel, Clarence J.
Shearn. placed itself on record yester-
day as having determined to reject the
appeal Had the Governor not acted
promptly as lie did. Mr.. Shearn said.
the commission yesterday would have
been deluged with similar applications
from virtually every transit company in
the city.
Gov Miller addressed to James L.
Quackenbush, special counsel to the In
terborough, a scathing letter, criticizing
him for his action "in filing a petition
for an increased fare at the very time
when YOU were asking me to withhold
approval OF a bill to prevent increases
OF fare"
HyIan's Letter 10 O'Brien.
Mayor Hylan's letter TO Corporation
Counsel OBren said:
"on March wrote Mr.. Frank He'd
Icy. president OF the fnterborough Rapid
Transit Company. that the manner or
operation OF clty's subway by INTERIOR
ough subway was in violation OF the
terms of Contract No. 3 with respect
to the adequacy Of service furnished and
with respect to the effect on the public
IN
operate in conformity with traffic re-
aulrements. warned that n the viola
tions were persisted In drastic action
would he initiated TO end the company's
policy Of artificialiy creating rush hour
conditions Of congestion during 'non-rush
hour periods and aggravating such con-
dtions Of congestion during rush hour
periods.
"Thc Intcrborough contract provides
that the company shall operate the sub
way carefully and skilfully according
10 the highest standards Of railway
operation
"It also provides that tho company
shall furnish with respect thereto SER
vice and facilities as shall be safe and
adequate and I'm all respects Just and
reasonable.
at also requires that tho local and
nxpross trains shall be operated in con-
formity with traffic requirements and AZ
Nae highest speeds which the equipment
- conditions will permit
VT further provides that In case of
tho company's failure TO Observe. keer
4 aud fulfil any Of tic conditions. obliga-
4 tions and requirements Of the lease the
city by the commission, upon thirty
+ days notice to tho lessee. Of its inten-
fion TO do So may take one Of several
courses to end the contract.
i "One course IL that tho city through
I Continued on Page Seven.
II
I rh..fr;c.I and IycfeI and RrstaurnntS.