New-York tribune., 1922-09-02
Attorney Sues
To Test Transit
Laws Legality
Ernlen Hare Miller, Acting
as a Private Citizen,
Will Name State as De-
fendant in the Complaint
Foisted ON Public, Charge
Wants the Federal Court to
Compel N. Y. Judiciary
TO Review the Matter

Emlen Hare Miller, an attorney of
Huguenot Park, s. L., will file suit in
the United States District Court to-
day to test the constitutionality Of the
transit law. He has named as defend
ant the State Of New York and seeks
ruling on the case before the exten-
sion plans of the Transit Commission
are carried to completion.
Mr.. Miller who will sue as a private
citizen, does not ask the Federal court
to pass directly on the constitutional
ity of the law, but asks that the power
of the higher tribunal be exercised to
compel the state Supreme Court to
review the matter. He said that he
has twice appealed to the Supreme
Court and on both occasions wac re-
fused ruling. He has several times
brought legal actions in the interest
of the public and generally has ap-
peared as his own attorney.
Miller Cracked Whip
This law was openly drawn and
presented to the Legislature under the
personal initiative and direction of the
Governor and was carried to passage
before the crack of the gubernatorial
whip" Mr.. Miller declares in his peti-
ton "It was palpably foisted upon
the people of the State of New York
despite the protests of their accredit-
ed representatives by hostile politi-
cal majority"
He adds that if at the time the act
was passed those who were it's imme-
date sponsors believed that opposi-
tion "could be stilled in few weeks
the growing tumult of popular revolt
soon gave them a rude awakening"
In his unsatisfactory Supreme Court
action the plaintiff named as defend
ants Governor Miller, the President Of
the Senate, the Speaker of the Assem-
bly,, Attorney General Newton and the
three Transit Commissioners.
"The Attorney General" Mr.. Miller
continues, Should not lightly regard
an allegation by q citizen devoid OF
self-interest of violation of the con
stitution."
Hubert Queries I. II. T.
MIR. Miller told newspaper men that
he is bringing the suit as a protest
against the present disregard for the
constitution and the constant .unwar-
ranted invasions Of state rights in New
York"
Murray Hubert, President of the
Board of Aldermen, acting as Mayor
while Mr.. Hylan is at Saratoga, yester-
day sent George McAneny, chairman of
the Transit Commission, a letter ask-
ing why the 1nterborough rush hour
service, reduced ten days ago 10 per
cent, cannot be restored at once.
Commissioner Hardness, speaking
for Mr.. McAneny, who is Ill with
cold, said:
THE temporary reduction in the rush
hour service of the Interborough is notA
due to lack Of fuel, a shas been
stated more than once. The Interbnr-
ough has got its bunkers full of British
coal of first class quality, but the
coal, on account of the mechanical
stokers used by the Interborough. does
not produce the same steam efficiency
as American Pocahontas coal. which
the marlborough had been using until |
the coal strike cut off it's ordinary sup
ply. AS soon os the Interborough Is
able to get the kind of coal it wants
the full rush hour service will be re-
stored. ] expect that we shall be able
to order the restoration some dav next
week.