The New York herald., 1922-10-05
JUDGE MULLAN BARS
HYLAN BUS LINES IN
ALL FIVE BOROUGHS
EnjOins City From Oper-
ating Routes or Aiding
Private Concerns.
SEES NO EMERGENCY
Whalen Says Decision Will
Affect 100000 Passen-
gers Daily.
MAYOR ORDERS APPEAL
O'Brien to Ask Stay Pending
Ruling by the Appellate
Division.

New York city will have to go out
of the bus business at once. Supreme
Court Justice Mullan decided yester-
day that neither Mayor Hylan nor any
other city official had authority to:
1. Appropriate funds for the pur-
chase and operation of municipal
buses.
2. Operate or assist in the operation
or supervise the operation of privately
owned buses.
The ruling enjoined the city of New
York from doing any of these things
in the taxpayers suit brought by Ed
ward Shafer of the banking firm of
Shafer Bros, 120 Broadway. Justice
Mullan refused to accept the conten-
tion Of the city that an emergency
existed and declared the city must get
authority from the Legislature before
it can run buses. It's attempts to get
such legislation have so far been un-
successful.
BY direction of the Mayor Corpora
tion Counsel OBren announced he
would take an appeal Immediately.
When the motion for appeal is filed he
will ask for a stay of execution of Jus
tice Mullan's decision. If il is not
granted all the bus lines operated in the
five boroughs under the supe ervision of
the city will have to discontinue opera
tion.
Affects Thirty-three Lines.
Commissioner Whalen OF the Depart
ment OF Plant and Structures said the
decision would affect the following lines
Delaney and Spring street. Avenue c,
Madison and Chambers street, Eighty
sixth street, Ninety-sixth street, Sixty
ninth street, Grand Concourse and
Boulevard. Dyckman street, Washington
Heights, Jerome avenue. Prospect ave-
nue., Fort Schuyler, Pelham Bay-City
Island, West Farms-City island, Green
wood avenue G11th street, Howard
Beach, Flushing Baysiue. South Ozone
Park-Richmond Hill. Richmond Hill
Jamaica, Crescent street-Old Mil. Fresh
Pond road-Jamaica. st. Albans-Jamaica,
! st. Adams ns-Holis-Jamaica. jamaica
Rosedale, Fifty-eighth street in Brook
lyn, Far Rockaway, Kings Highway,
New Dorp lane-Cedar Grove. City ISL
andNorthern city, Jamaica-City Line,
Springfield Dock-Jamaica, Twenty
ighth-Twenty-ninth street and Grand
Central-Pennsylvania Terminal
There Is no doubt in my mind" said
Mr.. Whalen, that the railroad interests
in this city were responsible for the
action being brought. 1t is q sad COM
mentary upon our city that we find our
selves so completely in the grasp OF the
railroad interests in controlling the
transportation system in this city.
Every candidate for the Assembly
and the Seante should be required to
state his or her views on the question of
legislation which Mayor Hylan and the
city has unsuccessfully sought to obtain
at three different sessions Of the Legis-
lature.
Two hundred odd thousand riders
use the emergency bus system daily.
The health, convenience and comfort of
the people will be very seriously inter-
fered with by Justice Mullans action"
Wants Restraining Order.
Corporation Counsel OBrien was
pleading before the Board os Estimate
for S135. 600 for additional experts and
salary increases when word came of the
Mullan decision.
Never mind pleading any further"
said the Mayor. I'VE will grant your
request. Go back to your office at once
and see If there Is not some way Of
restraining such an order
The Corporation Counsel said he
would present to the Appellate Division
an essentially different state of facts
than that upon which the Appellate
Division in Brooklyn enjoined the buses
there.
As Cor requiring the city officials in
volved to reimburse the city treasury for
the moneys expended on the bus lines
Justice Mullan said he wanted further
briefs He said strong case would
have to be made out to impel him to
take such action.