New-York tribune., 1922-10-07
Estimate Board
/ Asks Miller to
Help Bus Lines
ri Have Reached the End
of My Rope Says
! Mayor i'm Appealing for
! Relief to Legislature
McAneny Gives Hope
Head of Transit Commits
sion Says No Special
Legislation Is Ne ed e d

The Board of Estimate, with Mayor
urlan in distressed hysterical mood
over the latest injunction against the
soperation of busses, acted negatively
arain yesterday in an attempt to keep
them running. The board adopted a
resolution appealing to Governor Miller
n call a special session of the Legis-
,ature to enable the city to purchase
..d ouerate busses. A similar applica-
i Ann has been denied by the last two
Legislatures.
sAsnsit Commission, in view of the
.stiou Of the board, issued state
went last night pointing out that it
was unnecessary to appeal to the
LEGISLATURE in the matter, and declar-
sns that the thirty-three bus lines re-
stained from operation by the order
~ Jnstice Malan could continue if
she Board of Estimate granted the
owners and operators proper fran
ebises, Mr.. McAneny reiterated that
Ire Transit Commission would CO.
operate with the city authorities to
relieve The situation by promptly
granting certificates of convenience
and necessity to the operating lines
as soon SIS the Board of Estimate did
it's part.
The board adopted the resolution,
with long preamble setting forth
the emergency demanding the continu-
ance Of the lines, at the suggestion Of
Commissioner Whalen of the Depart
ment of Plant and Structures, super
visor of the present privately operated
lines Commissioner Whalen called at
tent;on to the fact that the Board of
Estimate so far had refused "to grant
valuable franchises to private individ-
uals and private corporations"
Mayor at End of His Rope.
"The sad experience of the city in
connection with the franchise grants
made to the surface railroads." said
Commissioner Whalen, "is a warning
to tine authorities of the city that the
municipalities only safeguard is in
municipal ownership and operation"
Commenting on the resolution Mayor
Hylan said that busses were a great
public necessity and that the State
Legislature should look upon bus lines
regardless of the legislators political
alignment.
II have gone about to the end of my
rope in this matter" said the Mayor.
ut is up to the Governor to act. ] will
not be forced into position from any
source that will compel me to give any
corporation these valuable bus fran
ehises. About the only right that is
left to the City of New York is that
of granting franchises on the public
itreets ana we will not allow that to
ie taken away from u.s. 1.,
The Board of Estimate, several
months ago, approved an appropriation
OF s25,000,O00 for the purchase of
ousses, but was restrained from using
the money for that purpose by the
courts Commissioner Whalen had
plan completed for standard mu-
nieIpai bus at that time.
Inc Legislature has already pro-
ylaed legal methods for licensing bus
llnes ~ wherever they are necessary" said
ghairman McAneny's statement. With
he courts it has not been a question
of whether buses are needed here or
here, or whether they help to relieve
he crowded transit facilities, but
merely as to whether the requirements
of the Legislature, expressed in ex-
sting law, have been obeyed. The pro-
visions of the law are simple and di-
rect. Section 1,450 of the city charter,
enacted years ago, forbids the opera
tilon Of any stage route of whatever
character, except under a franchise
lawfully granted by the Board of Es-
innate.
Bus Lines to Have a Place
After franchise has thus been
granted, it requires only the permis-
sion and approval of the Transit Com
mission to make it fully effective. The
owners OF the busses operated upon the
lines have neither applied for
Aer received franchises from the Board
OF Estimate. They have not been re-
auirea to meet any Of the conditions
imposed under the city's standard
Aiiehise terms, nor have they agreed
70 pay any proportion Of their nrofts
;ne cit3 ny way of compensation for
thelr privileges. Neither the Transit
ppohnlisslon, nor it's predecessor. the
3uolic Service Commission. has re-
Gsdved c any request from the Board of
tho uhs'iinate during three years past for
sae approval of any franchise in the
manner ann the law requires.
Ihe Transit Commission. although
tha. ghpnVlneed nee by repeated court decisions
snae the Mayors busses have been
apt;a spte;ra'ing illegally, has itself taken no
atsion a.s against them, in the courts or
sa.sa or done anything else to in
Somb. ,te with them. 1t has had no
uGs go 1hat IN many cases they were
orasg q useful purpose, and it has
ppltelerfed to wait until the question of
,he proper place of bus lines in the
general transit system could be care
niiy determined before taking asser-
I've action of any sort. II has. of
curse, intended to give them their
proper. place in it's own broader tran
y plan. That it has frequently