The New York herald., 1922-11-01
SMITH SAYS MILLER
FOUGHT 5 CENT FARE
Continued from First Page.

politely told that it would not be done.
He cannot give that reason.
"Why did he not do it? Why he did
not do it everybody well knows. al
though he said in 's,s speech that he
believes in home rule and that the city
should have the management of its own
property.
"The Governor talks as though the
people of the cities have very short
memories. 1t was the general belief
that his creation of his Public Service
Commission was intended to be of help
to the great public service corpora
tions.
what reason has Gov. Miller ever
given why he set aside contracts and
agreements made between cities and pub
lie service corporations and placed it in
his Public Service Commission, safe from
removal except by q two-thirds vote of
both houses, q safeguard given only to
elected Supreme Court Justices.
sites Jesse's Speech.
Nobody in New York will be fooled
by the Governors transit talk. The
| Mayoralty election Immediately follow
ing the passage of his transit legislation
reflected the overwhelming opinion
| against him.
Nothing could be more ridiculous
than to have him charge Hylan, Nixon
or myself with an attempt to raise car
| fares. The five cent fare was saved
only through the efforts of the local
officials represented in the Board of
. Estimate and Apportionment. 1t was
| nothing more nor less than the pending
| Mayoralty campaign that stayed the
| hand of the Transit Commission under
the Governor from acting on car fare
| increase before the election of 1921.
Newspapers opposed to Mayor Hylan
| frankly stated that the pending election
! lnterfered with the State program to
raise fares. The rebuke adminlstereq
| by the people In 1921 and the fact that
he had to submit himself to the elector-
ate in 1922 stayed their hands the sec
| ond time.
"rhe legislation creating the Transit
| Commission could have no other purpose.
| No set Of men that ever met would be
willing to bring down upon themselves
| such universal condemnation unless they
were seeking to accomplish something
| The Governor knows that II was openly
stated in the Legislature that the whole
purpose OF the legislation was to IN
crease car fares
Last night in washington Heights
he asked Assembyman Jesse 60 speak
! for him on housing. Listen TO wnat
! Assemblyman Jesse had to say abous
the Governors message on transit wheE
IL was read in the Assembly:
The Governors message Is very
adroit and able argument in favor OF
! Increased fares. 1t further Is an apeo-
Lutte violation of home rule
! aThe whole theory OF the Public
| Service Commission was to wipe out
rights of cities and to leave them en-
/ tirely subordinate to State control. IL
/ is the embodiment of the theory that
the State and nse the city must control
the daily life Of the citizens OF New
York city II the companies operating
the franchises had themselves drawn the
! legislation they could not have made
better lob of IL. The Transit Commits
sion is powerless to impose any terms OF
readjustment of existing agreements TO
which the companies do not consent.
"tJnder the provisions of the transit
\ law the commission has free hand TO
withdraw and nullify all existing con-
/ tract rights so far as the city is con-
cerned but when II comes TO dealing
with the companies the commission can
| alter or abrogate only such OF their con-
tract rights as they are willing TO yield
voluntarily.
"The Governor admitted that the city's
| consent was not necessary TO any change
I'm fares and that that power was lodged
In the Transit Commission. In other
| words he stripped New York city OF all
authority and all rights in the matter
of traction fares and vested that power,
which is power Of taxation, in COM
mission OF his own appointment, re-
sponsible TO himself alone.
Makes Definite Promise.
"rn the face Of all this, the Governor
! would have tho people of the City of
New York believe that in all the
struggle over the public service legisla-
tion he had IN mind giving them uni
versal five ccat fare. His very first
message TO the Legislature on the suo-
iect dealt almost entirely with the
/ financial condition OF the companies.
undoubtedly paving the way for an in
creased fare, tc replenlsh their depleted
surplus.
II made up my MIND at the very
beginning OF this campaign to adhere
strictly to tho record TO call spade a
spade and deal only with the facts"
Mr.. Smith then defended his own and
assailed Coy. Millers course in regard
to port development.
MIR. Smith continued. "rhe Governor
said that l die not take one forward
step to progress the solution " the
Port problem. He could not mean that.
While / am loathe TO say 90. I am afraid
face that I must charge him with dis
regarding the record and speaking for
votes
Ills attitude in the Port Authority
Is characteristic OF his feeling 20
Greater New York all during the two
years OF his administration. Dsap-
pointed by the election returns he
treated New York like n wayward child
that had 10 have at oil times the whip
, hand held over Il from Albany"
|, Dr. Copeland was as warmly greeted
as Al Smith himself. The other
speakers were John y. O'Brien, Capt.
Schuier. james "A. Hamilton. Elisabeth
Marbury. Mrs. John Jerome Rooney,
and George y. Dunn
In Liberty Hail. 100 West 13sth
street, Mr.. Smith talked TO about 1000
negroes, under the auspices OF the
United Colored Democracy. Ferdinand
: O. Morton, Civil Service Commissioner.
was chairman and Mr. Smith was in
troduced by e. w. McDougall n negro
who was Assistant District Attorney
under Charles s. Whitman. The speech
was preceded By, q parade