The New York herald., 1922-03-23
TRANSIT LINE PLEA
TO HIT NEW ORDER
Continued from First Page.

are not sufficient 10 comply with it. is
confiscatory.'
1t was this quotation that Mr.. QuaclI
enbush cited when he declared: 1"E
the Governor signs this bill no is going
TO eat his own words and | shall tell
him so to his facel"
This exclamation. in the course OF
heated speech by the lawyer, was uttered
some hours before word came to this
city that Gov. Miller had signed the bill
having no fears OF the results.
The Interborough petition asked a
permanent fare increase. together with a
temporary increase during the interval
while the case is being argued. Mr.
Hcdley's deposition alleged that the fare
of cents had been for more than three
years and now is insufficient 70 render
reasonabl compensation for the services
rendered and has been unjust and un-
reasonable. In support OF this conten-
ton he cited the company's gross in-
come for the last four fiscal years and
the valuations placed upon its proper
ties by the company itself and by the
commissions expert appraisers. M
Hedley then went on:
IF by reason OF the continued imam
cial difficulties under which the COM
pany Is operating receiver should be
appointed and the lease OF the Manhat-
tan Railway elevated lines) shouii
consequently be returned to the Manhat-
tan company, this company would suner
great loss and be caused great incon-
venience by virtue Of the fact that the
Manhattan no longer could continue TO
operate over the Interborough owned
elevated extensions"
BeES for Temporary Increase.
"An immediate, reasonable temporary
increase pending the final determination
OF the rate as herein prayed Tor. MT
Hedlev declares, would enable the In
terborough Rapid Transit Company to
avoid a receivership TO pay It's fixed
charges when the same become due and
to restore its cash and credit position.
One surprise of the session was the
personal appearance before the Transit
Commission for the first time of John
p. O'Brien, Corporation Counsel.
Mr.. Quackenbush,' however. was first
to spring into the arena when Chairman
McAneny called the, hearing 10 order
The Interboroughs counsel injected into
the record his telegraphic parrage to the
Governor. Then he said by way OF COM
ment: sEss
Il do not enjoy quoting the Governor
against himself, but I thought he was
sincere three years ago when | heard
him make those remarks. | know ne
was sound as a lawyer. | believe IL is
apparent from the replies that have
come to the commission from the various
companies that much time must elapse
before any. plan can be adopted. / don't
saw one may. not be adopted ultimately,
but do. say that the Governor and this
commission and all connected with 1t are
making a grave mistake II you deprive
yourselves of the power to grant relief
next ask permission to file with the
commission an application for an in
creased rate of fare before the law Is
changed 49, En
where Lawyers Disagree.
Whether Mr. Quackenbush won any
tactical advantage in,thus filing his pc
ttion before the Governor signed the bill
is question upon which. lawyers last
night were not agreed, Some thought IT
helped him perhaps in laying foundation
for litigation later in resistance to costly
service orders which may be forth
coming.
Mr.. Hedley. who had been expected
to be the first witness called. was an in
terested spectator, but he took no active
part in the days proceedings. Corpora
ton Counsel OBrien was on his feet
before Mr.. Quackenbush hadssat down
The Corporation Counsel declared
there was no doubt OF the Interborough's
ability to furnish proper service. lie
demanded that drastic orders TO force II
to do so be issued at the earliest possi-
bic moment Mr.. OBrien in his heated
denunciation Of the Manhattan lease
suggested that It was probably "fraudu
lent" This brought from Chairman
McAneny the suggestion that the COM
mission had no evidence to that effect,
and that IL the Corporation Counsel had.
the commission would be glad to receive
it from him.
Mr.. O'Brien closed with an impas-
stoned philippe against the INTERIOR
ough.
One young man in the audience es-
sayed 10 applaud. which brought from
Mr.. McAneny this rebuke: THE one
gentleman who applauded will please
not add TO the atmosphere OF noise"
Continuing. the chairman said: THE