The New York herald. [volume] (New York, N.Y.) 1920-1924, 1922-04-27
Commission Replies That 1t
Seeks Service. Not More
Litigation.
VALUATIONS RIDICULED
DC Ford Joins Shearn in Par
ing $500, 900, 900 Figure and
Charging Padding


party to "any unnecessary and de-
structive enterprise" which would pre-
cipitate receivership for the Inter
borough Rapid Transit Company and
involve the city in endless litigation.
This was made clear last night by
/ Chairman George McAneny in state
ment in regard to the afternoons ac-
ton of the Board of Estimate. which
undertook to force the commission to
initiate default proceedings against the
lnterborough that the city might take
over the subways operated by the COM
pany under contract No. 3.
Comptroller Craig said it might be
necessary for the Board of Estimate
TO seek a mandamus against the COM
mission to further the latest venture
Of the board in the transit situation.
The board held special meeting and
passed a resolution offered by the
Mayor on March 81 calling for action
TO declare the Interborough in default
because 1t had been trimming the SER
vicc.' the equipment Is 'unclean and In
d.srcpair," the train service In rush
.ours Is grossly and notorlously viola
tive of contract No. 3" and "such condi-
ions constitute a menace to the morals,
i.calth. comfort, convenience and wei
iafo of the people,"
No. 8 contract includes the Lexing-
ton avenue and the Seventh avenue
lines. 1t was generally considered.
when the resolution WAS introduced, that
Il WAS only the beginning of a drive
against all the contracts.
..wiII Not Join Destruction"
The statemcnt OF Chairman McAneny
follows 80
THE commission naturally will give
consideration TO any communication re-
ceived from tho Board of Estimate and
promptly answer II. but II would be
useless thing to have any impression
given that 1t will become partner in
any unnecessary and destructive enter
prise
AS the people OF the city arc we'll
aware, the commission is preparing In
an orderly way to require of the Inter-
borough company the utmost in service
that the money at its command will per-
nit IL to give. Exhaustive hearings
have been held. throughout which the
city itself has been represented by the
Corporation Counsel. The members OF
the Board OF Estimate are OF course
aware OF the nature of these proceed
ings. and they know that service orders
arc about TO be issued.
"As we have had occasion to remark
previously. what the commission is after
at the moment is more service and not
more litigation. Under the plan pro-
posed by tho Board OF Estimate there
would be nothing but litigation. inciud-
ing a precipitation OF the receivership
that up to the present time every one
concerned has been cooperating to avoid.
Among those who have been opposing
the recelyership has been the Corpora
ton Counsel, who during the last several
weeks has appeared In behalf OF the city
in Judge Mayors court against the
efforts made by ono Venner TO accom-
plish the very thing that the board now
would accomplish through other means"
The resolution passed by the Board OF
Estimate read in part:
That the Transit Commission be and
is hereby required forthwith to give no
tice to the Interborough Rapid Transit
Company. as such lessee. of It's intention
thirty days thereafter to serve notice of
such defaults upon the lessee and direct
ing the lessee 20 cure the defaults within
ninety days in accordance with the re-
quiremenfs OF Article LxxxIx. OF said
contract No. 3. dated the 10th OF March,
1913: and be II resolved
THAT IL such defaults be not reme-
died within such time the city OF New
York elects to terminate such contract"
Cify's Tactics "BoIshe vfstic.-
Tho Transit Commission expects 70
issue orders at once directing the Inter
borough to remedy the conditions OF
which complaint Is made. A member OF
the commission said:
''Thc Board OF Estimate Is talking about
service IN Bolshevist way at the very
time when the Transit Commission, I'm
tho way provided by law. Is preparing
10 issue orders for better service after
careful investigation"
The Board OF Estimate, sitting as
committee of the whole, discussed the
matter for an hour before taking action.
IN speaking OF the default proceedings.
Comptroller Craig said: Il
The Transit Commission is supposed
10 do this on its own initiative. or
course that will never happen and we
will have TO put II MP to them. The
contract provides that the commission
acts as tho cty's representative. n
they refuse we VIII have 10 90 70 court
and may have to bring proceedings OF
our own TO have the company declared
IN default"
About the time you authorize the
Traction Commission TO give notice the
lntcfhorough will go into bankruptcy
and you'll have TO give notice to the re-
-eiyer.' remarked Murray Hubert.
President or the Board OF Aldermen.
there was some talk OF wha. Il would
rost To "recapture" the lines. which can
not happen Sin duc course for many
rcs-S. Tho Comptroller thought Il
Continued on Page Eour