New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1922-01-21
Estimate Board Hylan Fails in
Cloomily Votes Two-Year Fight
Transit Pay Roll For Traffic Law
Bows to Court Mandamus
and Appeals Decision
and Grants Commission
S570,l64 Appropriation
Mayor Saves His Pride
''Not voting!" He Shouts,
but Others Take Medicine
and Even Manage Jokes

ana Even Manage Jokes
A reluctant Board of Estimate bowed
10 the decision of the Court Of An
pcals yesterday and voted an appro-
pr'ation of $50 1874 for the expenses Of
inc Transit Commissions for the Inst
malt of December, 1921, and the first
SIX months Of the current year. Mayor
i1ylan refused 20 vote and the reces
sary votes among the other members
to authorize the appropriation were
cast with protest.
pursuant to the decision of the
highest state court, the Appellate
Division Of the Supreme Court,
which had previously affirmed the
valldy of the Transit Commissions re-
quest, again issued a mandamus yes
'erday compelling the board to appro-
pirate the funds. The members who
voted TOR the appropriation all de-
cared that they did SO only by direc
.'on OF the court, and of their own
Tree will. Comptroller Charles r..
Craig declared that it meant the open
ing wedge for an increased fare.
Big Mandamus, Says Hylan
tn matter did not come up until the
regular calendar had been gone through
with. Then Mayor Hylan said:
We've got big mandamus here"
Joseph Haag. secretary of the board
said that it had been mandamussed by
the Transit Commission to appropriate
the money requested. and the order of
the Appellate Division was read.
Borough President Riegelmann, Of
Brooklyn, wanted the opinion of the
Corporation Counsel on the matter,
but Borough President Miller, of Man
haitian, declared he was willing to
take the word of the Appellate Divi-
sion and moved that the appropriation
be made.
Assistant Corporation Counsel Mayer
notified the board that the Corporation
Counsel received the official copy of the
opinion Of the Court Of Appeals Thurs
day night and had not time to digest
it, as 1t differed somewhat from the
typewriter report he had received be-
fore.
an respect to this mandamus mat
under All absolute dictatorship from
Albany, and you. Mr.. Mayor, this
board, the Board Of Aldermen and the
Comptroller are mere bookkeepers, and
the Corporation Counsel thinks that
the remedy lies in the hands Of the
people at the polls. The Corporation
Counsel thinks that this opinion is the
most extreme the Court of Appeals
has handed down."
SIS it necessary for this board to
vote on the matter?" inquired the
Comptroller.
"The order requires vote Of this
board forthwith replied the Assistant
Corporation Counsel.
Humor a Bit Gloomy
1--WE should all be thankful that we
are not going to be shot at sunrise
remarked the Mayor.
Comptroller Craig was dressed in a
black suit, which led Aldermanic Presi-
dent Murray Hubert to remark that
the Comptroller chad his funeral
clothes on"
The Mayor said that he had not had
a chance to confer with the Corpora
ton Counsel on the opinion of the
Court of Appeals.
But | want to say right now" he
continued, "that we are not through ;
we've only begun. We're going to give
tnc people OIL tnc SCALe CUdIlCC 10 UU
something on this matter"
The Mayor did not explain his re-
mark, but it was understood that he
looked forward hopefully to a Demo
cratic success in the next state cleo
ton. He may have had in mind the
man whom he recently declared should
be elevated to high Office" by the peo-
pie, or, provided Mr.. Hearst preferred
to run for the United States Senate
lie may have been thinking Of Al Smith
for the Gubernatorial race, whom he
highly complimented in recent ad-
dress.
Borough President Miller again made
his motion and when the roll was
called the Mayor responded mot vot-
ing"
Comptroller Craig voted "Aye!" say
ing;
of my own free will, but under the
compulsion Of the Appellate Division
and the Court Of Appeals. Pm voting
to comply with the demands Of the In
terborough and the B. r. T. The ma
jority in the Legislature were steam
rolled in passing legislation at the
demands of the Governor"
Riegelmann Votes Guilty"
t1lucIHlaulC icolucNC II ulDcEC voted
AYE" in compliance with the courts
orders and Borough President Miller
voted in the affirmative. When the name
Of Borough President Riegelmann, of
Brooklyn, was called, he answered
"guilty," which was interpreted to
mean in the affirmative and was SO re-
corded. Borough President Bruckner
Of the Bronx, voted AYE" without com
ment. Acting Borough President Mar
vim, Of Queens, and Borough President
Cahill, Of Richmond, both voted faye"
under protest.
The $70,l64 of the total appropriation
is for the salaries of the employees of
the Transit Commission for the last
half of December Of last year. The
Comptroller declared that many of the
employees had their salaries in
creased.
every employee of the Transit Com
mission may have his salary increased
said Mr.. Craig, "but if the head of any
city department had increased salaries
as the commission has, he would have
been liable to indictment and impris.
onment."
William G.. Fullcn, associate counsel
of the Transit Commission, started tc
say something about another request
when he was stopped by the Mayor
who declared it was not on the cal.
endar and won't be considered"
Lasker to Give Harding
Subsidy Plan Next Week