New-York tribune., 1922-10-15
BusLineInquiry
ByIransitBOard
To Clear Status
Commissions viii Also Inter-
vene in injunction Case
Against City i'm Plan
10 Continue Operation
McAneny Offers All Aid
Says Service Should Become
Part of General Sys.
tenn Pending Completion

Details of the ownership of the So
called Whalen-Hylan hus lines, operat-
ing without warrant Of law throughout
the city, their earnings and disburse-
nents. will be revealed by an investi-
cation which will be begun by the
Transit Commission on Thursday Of
this week.
Preceding this investigation Clarence
j. Shearn, counsel to the Transit Gem
mission, will apply to Justice Mullan,
of the Supreme Court, to-morrow fer
leave 30 intervene in the bus injunc-
ticn case brought by Edward Schaefer,
taxpayer, against the city. His ac-
ton. in effect, is designed to make the
Transit Commission a co-defendant
with the city.
Chairman McAneny says that the
Transit Commission will use it's in
Auence to keep the busses running, and
he made it clear yesterday that the
commission will insist upon the bus
operators complying with the law by
making application in due form to the
Board of Estimate for permit to OPP
crate and TO the Transit Commission
for certificate of convenience and
necessity.
To Be Part of System
Without any quibble over the term
franchise or permit which mean
the same thing" said Chairman Nc
Aneny yesterday, "the Transit Com
mission will take the necessary steps,
with the permission of the court. 80
aiigin the bus companies with other
companies carrying passengers. That
Taeans that they will comply with tho
law and obtain the necessary permit
and certificate of convenience and ne
eessity. After they get that they, of
course, will be under the supervision
Of the Transit Commission and in duo
course they will pay fees to the city
for the privilege of doing business, il
they are making any money; also they
Will file a bond for the faithful per-
formanee of their contract and they
will thus put themselves under the
supervision of the Transit Commits
sion In accordance with the spirit and
letter of Justice Mullan's decision"
In its petition tiled by former Jus
tice Shearn yesterday the commission
asks that it be made co-defendant
with the city and states that the pur-
pese of it's proposed Intervention is to
secure thirty-day stay in the issu-
ance of any decree in the proceedings
affecting the operation of the privately
owned busses. now held to be oper-
ating illegally, and thus to allow the
bus operators sufficient time to secure
legally issued permits from the Board
of Estimate, as well as the required
certificates of convenience and neces-
sity from the Transit Commission.
Busses Now Needed
Judge Shearn will make the argu-
ment on the commissions petition be-
fore Justice Mullan. and will also con-
duct the investigation set for Thurs
day.
The petition of the commission
points out the seriousness of the stu
atien that would be bound to ensue if
tfs injunction prevailed without re-
lsef, and if the 100000 daily pas
sengers carried by the busses in cues
tlon, according to Grover A. Whalen,
Commissioner of Plant and Structures,
were, through lack of action by the
public authorities, actually deprived of
their means of transportation. The
petition continues:
Whether or not the number of per-
sons patronizing said bus lines is as
great as thus stated, it is fact that a
very large number of persons have be-
come accustomed to patronizing these
lines and that a sudden discontinuance
OF all these lines without any adequate
substitute therefor would seriously and
adversely affect very large number
of persons.
1T is for the purpose Of preventing
such public Inconvenience, which, in
the opinion of your petitioner, the
Transit Commission, is wholly unneces-
sary, that this petition is filed, wherein
your petitioner seeks to have incorpo-
rated in the final decree provision