The New York herald., 1922-01-19
Hylan Sees Hard Blow to
Home Rule in Decision,
Probably Final.
CALL SENATOR JOHNSON
City Officials Hoping to Have
Ruling Overturned, Get
No SOlace.


banded down a peremptory writ of
mandamus compelling the city Board
of Estimate and Apportionment to
konor the Transit Commissions requi-
sition for funds. The issuance of the
writ came close after the sweeping
decision Of the Court of Appeals up
holding the Transit Commission law.
The order, which is final and ad-
mits of no further appeal or delay,
makes it mandatory upon the Board OF
Estimate to appropriate Immediately
about $4,000 to meet the commits
sion's pay roll and other expenses for
the last two weeks of 1921.
1t. will bring early relief to the $50
employees OF the commission. most
of whom. receive less than $4,000 a
year and whose pay has been in ar
rears since December Is.
The writ also compels the board to
honor the commissions requisition for
$4,000 more to be used on account in
defraying expenses for 1922 until more
money shall become necessary. 1t is
expected that the board will take the
necessary formal action at its regular
meeting Tomorrow.
Argument for and against the writ
was made before the Appellate Division
last Friday, Godfrey GoIdmark repre-
sentng the Transit Commission and
Assistant Corporation Counsel Mayer
the city administration. AT the request
of the latter. who spoke for John p.
O'Brien. Corporation Counsel. the court
withheld it's decision pending filing Of
the expected opinion OF the State Court
of Appeals upon the major issue of the
commissions constitutionality.
Appeal by city improbable.
In all proba biiity the city will make
no immediate effort to appeal to the
United States Supreme Court Tuesdays
decision by the unanimous bench of
the State Court of Appeals Senator
Hiram w. Johnson. the Hylan cham
pion who argued the city's case before
the latter court was summoned to tie
city yesterday by Corporation Counsel
O'Brien. The two conferred for about
four hours.
Mr.. O'Brien, after the conference.
said: Just what our course of action
will be has not yet been definitely de-
termned. There will be further con-
ferences."
Senator johnson gave out a statement
in which he said:
The case just closed was this: Two
requisitions were presented by the
Transit Commission for which appro-
priations were not made, the city con-
tending 1t was entitled to know the
x.rAt toh ~
money was to be expended: that the
Transit Commission should itemize its
demands and tell of its expenditures,
just like others who ask and receive
the city's funds. and the city contended,
too. that the transit act was uncon-
stitutional The court upholds the law.
at least as to the validity of the COM
missions demands.
The most important of the city's con-
stitutional objections arises from. the
taking OF the property of the city and
the impairment of the obligations of its
contracts. These questions apparently
are not referred to In the majority opin-
ion and their decision is expressly re-
served by the minority Of the court. In
other decisions on the Transit Law II
has been held they are not ripe for de-
cision yet and will not be until the pro-
posed plan of the commission is adopted
tliu dlltflpttu 10 De enIOTCeQ.
II question the policy of such a law.
II is most unfortunate that a municipal
ity like New York. or any city for that
matter. may have it's funds wrung from
overburdened taxpayers. dissipated at
Will by those not residents Of the city,
who do not contribute to its assets, pay
none OF It's taxes and have no interest
other than political advantage In it's
welfare.
Such a condition is a violation of the
fundamental principles of American
Government. 1t has arisen in the past
doubtless because few people think
they can govern better than all the
people. but to admit the principle de-
stroys the essence of municipal freedom
ard makes a mockery OF democracy.
THE city authorities. the civic bodies.
the organizations devoted 90 municipal
Improvement and progress should attack
this montrous proposition until
righteous Statewide public opinion forces
the remedy"
Esylnn Sees BAR to Home RuIe.
Mayor Hylan. before he left the city
20 attend the funeral OF an aunt, said
III that decision stands we never can
have home rule until the State consti
tuition ~ amended. The people OF the
cities are practically deprived Of every
vested right and | hope that no court
Will hold that the people OF New York
and other cities of the State can be shot
at SUNRISE"
The Mayors comment and that of
Senator johnson, after his conference
With Corporation Counsel O'Brien, were
construed as foreshadowing this prob
able program on the part OF Mayor
Hyian and his followers:
No further attack upon the constitu-
tionality OF the Transit law until af,sr
Che commissions perfected plan for re-
p2r::;,. tsgn and unification of the city's
railways shall hav afforded opportunity
for new test case based upon impair
frent or modification OF city contracts.
Then the assault will be renewed upon
q new front.
In the meantime, the Transit Com
missions progress toward the consum-
nation OF It's plans is TO be impeded
whenever possible in the hope that next
autumns State elections may so change
the complexion OF the Legislature as
10 make possible repeal OF the Transit
law.
Between now and then, Mayor Hylan
and his lieutenants will strive to pro-
mote n Statewide propaga nda favor /
ing a constitutional amendment with |
hfme rule as its slogan.
~