The New York herald., 1922-04-21
HYLAN CHALLENGES
MILLER TOOUST HIM
over CIYY'S Rights
Joins Issue After Threat
Because of Delays in
Transit Building.
POLICY STANDS FAST
Mayor Disputes Governor on
Many Points OF Law
and Politics.
MUCH HISTORY REVIVED
Blame for Traction Muddle
Put on Everybody But
Administration.
MUCH HISTORY REVIVED

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Mayor Hylan issued detailed reply
last night to the scathing criticism
pronounced on him and the Board of
Estimate by Gov. Miller on Wednes-
day at the luncheon of the Fifth Ave-
nue. Association. Referring to the
Governors threat of drastic action
which generally was interpreted as
meaning removal from Office under
charges, Mayor Hylan said:
Whatever threat may be contained
in the speech of the Governor need
not be considered until the Governor
either himself directly or through
some State agency attempts to over
ride the rights. powers and duties Of
the Board of Estimate or other local
governing body or official in this city.
'The Governors challenge contained
in his threat will then be accepted and
coercion and bludgeon or government
by law will prevail in the State and
city of New York"
Continuing, the Mayor quotes the
phrase, Threatened men live long.
and says?
Il have been threatened before.
Two years ago the Interborough crowd
threatened to seek my removal and
they prepared procedure to that end.
Since then the public has passed judg-
ment on the Interborough, the State
Transit Commission and myself. and
my colleagues will continue to serve
The public interest without regard to
threats"
Assaults MfIlcr's Record.
Mayor Hyian retaliates on the Cow
ernor by attacking Mr.. Miller's record
as a practicing attorney. He asserts
that Gov. Miller was the paid attorney
OF the b. X. r. in its action in the Su-
prcme Court here to compel the City OF
New York to pay that corporation
nearly $1,000. 900 on prior determina-
ton account: that he appeared before
the Court or Appeals Ito secure the re-
yersal of tho conviction of John j..
Dempsey. traffic superintendent of the
H. r. T.. who was convicted in the lower
court Of violating Public Service Com
mission order" and that in 1916 he
fCov. Miller) was selected by the b. r.
u. as arbitrator In some important mat
ters and engaged Lindley M. Garrison
3s neutral arbitrator" and that they
both received handsome fees from the
L. II. IT.
The Mayor charges also that the Gov
ernor In 1919 appeared before the State
LEGISLATURE "as a. paid advocate tc urge
the passage of the Carson-Martin higher
fare bill"
Sees No Hope for Transit Plan.
or the Governors advocacy of the
Transit Commissions plan for reorgan-
ization and unification OF the city's
transit facilities the, Mayor predicts that
ut must fall, because II is utterly Inn
practicable OH the basis of a five cent
fare and because 1t is economically un-
sound. Tho people" he says, have
passed upon the Governors transit COM
mission plan and their answer TO over
whelningly against H. Ills Honor
stigmatizes that plan as 'only a bizarre
combination OF obsolete surface railways
and higher fares
On several points OF law the Mayor
makes bold to take issue with Gov.
Miller. q former Judge of the Court of
Appeals. and he argues his case and
quotes his citations right bravely. In
one instance he observes that the Gov
ernor should know better"
The blame for the city's huge frozen"
credit OF about $500. 100000 he casts on
the shoulders OF the dual subway con-
tracts, engineered and sponsored by Mr..
McAneny in 1913. when he was chair
man of the transit committee OF the
Board OF Estimate" Mr.. McAneny's
conduct at that time Mayor Hyian
characterized as ''profllgacy."
"MiIier's speech Amazing"
Mayor IIylans statement said
II have read with interest and anna &C.
meut Gov. Millers speech before the
Fifth Avenue Association and I am
aatonished ut its tone Tho Governor
seems TO have lost slght OF the fact,
Judging from his speech. that In this
country we have a government OF laws
end not OF men md that vague threats
OF removal and political coercion d.
rectcd against locally elected public Of
ficals vested with discretionary powers
and duties have no proper place In tho
conduct OF governmental business in
this state or IN any municipality.
The Governors speech is all the more
amazing because he was once Court
or Appeals Judge ~ seems to have
lost his judicial temperament In his
dcsire TO obtrtidc himself into a posi-
ton OF absolute control and domIna-
ton or traction and other utilities af-
sairs IN this city.
III am not surprised at the Governors 8
apparent desperation. as expressed in
his speech. when I consider that his
term OF office expires next December
and that ithe rive cent fare Is still an
ectualty In the city Of New York de-
spite the fact that the Governors State
Transit Commission has been trying for
more than a year to raise this fare