New-York tribune., 1922-01-18
Corporation CounselPlans
to Carry Action Against
Decision of State Bench
to U. S. Supreme Court
Board Calls Decree
Complete Victory
Move TO Federal Tribunal
Regarded as Useless Ef-
fort for Traction DELAY

The city will carry its fight against
the Transit Commission to the United
States Supreme Court according to
Corporation Counsel John p. O'Brien.
In a statement last night the Corpora
tion Counsel said the city had been
prepared for some time to take an ap-
peal to the highest court in the land,
but that he would defer discussion Of
the details until he had made a
thorough study of the decision rem
dered yesterday.
While further litigation seemed to
be made necessary by the decision
Of the Court of Appeals, Mr.. O'Brien
said, he was confident chat the law
creating the Transit Commission ulti-
matcly would be found invalid.
Statement by O'Br.en
The Corporation Counscps statement
concluded:
Having in mind the attitude of
the representatives of the cities Of this
state manifested at the conference
held in December in this city and on
last Saturday in Buffalo, with respect
affairs, have no doubt that the cities
Of the state, while our litigation is
being pushed on to ultimate decision,
will take prompt measures to further
the movement to have the constitution
of the state so amended as to place
beyond all controversy and beyond the
assail of the Legislature, and make en-
tirely clear and certain, the rights of
the cities over their own property and
affairs"
The Board of Aldermen yesterday
authorized special revenue bonds to the
amount of 100000 to pay counsel and
experts who were retained by the city
in its fight against the transit law
by Corporation Counsel sO'Bricn was
refused by the 1921 Board of Alder
men.
Alderman Bruce M Falconer offered
an amendment to the resolution that
no part Of the money should be paid to
any lawyer who was not resident of
the State of New York. The amend
ment was directed against Senator
Hiram Johnson, of California, who was
retained by the Corporation Counsel to
represent the city in the court actions
Alderman Falconer declared that from
the start he had been opposed to the
retention of Senator Johnson, because
it was violation of the spirit of home
rule and contrary to provision in the
code of ordinances.
Tammany Lawyers Defended
"I consider it unjust to ask a man
from California to come here and fight
the Governor of the state" said Alder
man Falconer. "Is there not lawyer
in Tammany Hall who knows enough
about transit to protect the people of
the city,"
Alderman William r. Collins, leader
of the Democratic majority, replied
that Tammany Hall had plenty of able
lawyers, but that Mayor Hyan had re-
tanned the man he considered the best
in the country, and a Republican,, tc
fight the case. The amendment was de-
feated and the original resolution
passed.
At the Offices of the Transit Commits
sion the decision of the Court of Ap.
peals was viewed in the light of {
sweeping victory that definitely woule
put a stop to the repeated attempts
of the administration to hinder the
commission in it's aim to solve trac
tion problems of New York City.
"The decision is clear and compre
ucuSlNey SdIO NSVl8c iuSnhCuy, Shoii
man of the commission Needless te
say, it is highly gratifying both to the
commis on and to its counsel"
The 9O0-odd employees of the com
mission, whose wages have been hello
up for more than month by the re
fusa of the Board of Estimate te
honor the commissions acquisitions
learned Of the decision with elation.
Employees Hope to Get Pay
The decision, it was said. would au
tomatically compel the Board of EST
mate to furnish the $4,000 asked by
the commission to pay December sal
aries, as we'll as the $500,000 expense:
requisitioned on account for 1922. The
payment of these sums to the commits
sion, it is expected. will follow ar
order by the Appellate Division. t.
which the commission made applica
ton several days ago and which re
served action pending the decision Of
the Court of Appeals on the question
of the commissions legality.
Little attention was given at the
commissions Offices to the statement o.
Corporation Counsel O'Brien that the
city would take the issue to the United
CONTINUED on next paae)