New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1922-07-30
Court Explains
| Bus Decision:
Hylara Protests
No Excuse for 'sWiIlful Dis
regard of Law by City
Officials, Says Cropsey.
Who Assessed Them Costs
Mayor Assails Editorial
No Public Funds Involved.
He Declares, Resenting
Comparison With Miller

The decision OF Justice Cropsey, In
the Supreme Court In Brooklyn. that
the city should be restrained from
operating the Brownsville bus line
without franchise and that the costs
of the action, $50, should be paid by
Mayor Hylan, Grover A. Whalen. Com
missioner of Plant and Structures. and
members of the Board of Estimate in
dividually, was explained yesterday bv
Justice Cropsey and by Mayor Hylan.
"The acts of the defendants" said
Jusice Cropsey, "are in willful disre
gard of the express provisions of the
statute and Of decisions of the highest
courts in this state. There is not the
slightest excuse for this lawlessness.
1t is unfortunate that these city Of
fcials see fit to continue to defy the
law. Their conduct is an incentive to
others. Without law neither Justice
nor order can be enforced. Those who
willfully disregard the law and en-
courage others to do likewise are Great
ing situation which is menace to
the community.
"As the action Is wrongful and the
defendants knew it to be wrongful.
they must pay the costs individually.
II would be an outrage to REQUIRE the
taxpayers to bear the cost Of this ac
ton"
Mayor Hylan Explains
Mayor Hylan's explanation Of the
same decision, made in letter ad-
dressed to the editor of The Tribune.
follows:
ain an editorial, Birds of Another
Feather this morning you state:
"'Governor Miller Voluntarily dug
down into his own pocket to pay ex-
penses incurred by subordinate with
out authority.
"'But it required court order to
compel Mayor Hylan, Commissioner
Whalen and the members of the Board
of Estimate to repay a sum that they
paid without authority
THE foregoing is a willfully false
statement or an astounding exhibition
Of editorial ignorance. Neither the
Board Of Estimate, Commissioner Wha-
len nor myself paid any city money
without authority and. therefore.
were not required by court order to
repay sum they paid without au-
thority.' No one knows this better
than you.
THE court proceeding in which we
were assessed $50 costs merely related
to needed bus operation, which the
court saw fit to hold could not be au-
thorized, and costs in the proceeding
were awarded to the successful party,
the Nassau Railroad Company, against
the Board of Estimate, Commissioner
Whalen and myself, which assessment
against US pers onally was in the exer-
else Of the discretion Of the court. No
city funds were involved in the matter
either by way of commitment or pay
ment before or after the event.
The quoted matter is also mislead-
ing with reference to Governor Miller in
that you suppressed the fact that his
Illegal expenditures, on his own admis-
sion, were for the most part unneces-
sary as well as illegal
Further, in the same editorial, YOU
say J. .rv.rv ,,,,,,;.,u., 49,. :. ..
Is losing money, and if this money is
to be lost by Mayor Hylan and his
associates, rather than the taxpayers,
they may be expected to be less reck-
less
Lines Not Owned by City
The foregoing is also obviously
false. These buses which are being
operated are not owned or operated by
the City. They are owned and oper-
ated by individuals, and the mere fact
that they continue in operation und II
no legal compuision to do so proves
that they are not losing money, as you
assert
"If the Republican Legislature had
not repeatedly prevented the city from
spending money for new modern buses
these privately owned buses would not
now be in operation, but specially de-
signed city owned buses would be in
use.
You apparently are sadly in need Of
seourse of education in current munich
Pal affairs, particularly in bus opera
Eon; or drastic drilling in ethics aQd
truthfulness in their relation to pub
iic affairs and public officials"