The evening world. [volume] (New York, N.Y.) 1887-1931, 1922-10-04
ALL BUSES STOPPED
BY INJUNCTION OF
JUSTICE MULLAN
Means That All Lines EStab-
lished by Mayor Will Go
Out of Business.
SOME ROUTES. USEFUL.
But Only Extraordinary Con-
ditionS Should Warrant
City in Opposing Law.

Supreme Court Justice Mullan
handed down a sweeping injunction
ia day in which he declared that the
City of New York must be enjoined
from "appropriating municipal funds
for the purchase and operation of
municipal motor buses and from op-
Grating or assisting in or supervising
the operation of the privately owned
buses that are now being operated
without franchises but with official
sanction"
The decision was rendered IN ar
action brought by Edward Schafer
taxpayer. to enjoin the city from op-
Grating the municipal buses and from
appropriating city funds for the pur-
chase of new buses.
Justice Mullan's decision is lengthy
one and discusses the whole transit
situation in New York. which, he says.
is deplorable. But no crisis is here.
lie says, that would justify the city
even temporarily setting aside the
State laws.
II think there can be no reasonable
doubt that the plaintiff is entitled to
every measure of injunctive relief
that he seeks" he declares.
Schafer further asks that the court
| order individual city officials RESPONSE
BILE for the operation of the buses to
make restitution to the city of such
funds expended in the operation of the
bus lines. But the court hesitates to
grant such relief.
"A court should be very loath to
impose such heavy penalty upon Of
ficials who must be assumed in the
absence Of stronger proof to the con-
trary, to have acted in good faith"
said the court.
Justice Mullan requested counsel
to submit full written argument by
Oct. Is and informed them he would
listen to oral argument if they de-
sired to further discuss the case.
Justice Mullan's decision says:
COVERS ALL ISSUES INVOLVED.
| The issues involved appear to
cover the entire body of controversial
matter that has grown out of the op-
Grafton of the so-called city buses.
I'm a strict sense, the city officials
have not operated these buses. They
have, however, sanctioned and super
vised, and are now supervising their
operation. and they have been and are
using or such supervisory purposes,
city employees assigned to the De-
partment Of Plant and Structures in
the capacity of painters, ironworkers,
laborers, &C.
"For the reasons stated by Mr.. JUS
tice Blackmar. writing for the Appel
late Divisioc of the Second Depart
ment, in the Brooklyn City Railroad
Co., VS.. Grover A. Whalen, individ-
ually and as Commissioner of Plant
and Structures, and in another case
city authorities were and are without
power to authorize the bus operation
they have permitted and sanctioned
and which, indeed, they initiated.
"More may be said either in favor
or against particular lines or routes
but it would serve no useful purpose
to state degrees of unlawfulness, as
for the fundamental reasons enun-
ciated in the decisions referred TO-
the city's participation in the opera
ton of these buses is, under those de-
cisions, wholly unwarranted by exist
ing law.
ut may, perhaps, be a justifiable
cause for regret that the City of New
York has not been given greater
power to work out its own destiny
in the matter of transportation,
which, while of general interest to
the whole State, is primarily and par
ticularly a matter of concern to those
who live and have their being here,
and who must, in one form or an
CONTINUED on Second Page)