Newspaper Page Text
Ref erendum 011
Asks Miller in a Letter,
Made Public With Con?
sent of the Governor, to
Defer Action Until 1922
Doubts Legality of Plan
Declares Errors of Past
Are All on Legislature;
Frames Measure of Own
Comptroller Charles L. Craig made
public last night, with Governor Mil?
ler's consent, a letter addressed to the
Governor by the Comptroller, setting
forth the latter'a views in regard to
the Governor's proposed traction plan
for New York City. The Comptroller
criticises the Governor's plan, placing
the entire responsibility for the pres?
ent "division of authority" in transit
matters upon thc Legislature, and
calling upon the Governor to defer ac?
tion by thc Legislature until 1922, so
that the people may determine. by a
referenduni whether or not they favor
municipal operation as well as mu
Thc Comptroller picked the Governor
up on his statement that "the time is
1 ipc to correct the errors of the past,"
and declared that "these errors,
whether those resulting in inadequate
? and indecent transportation or in the
inaction of public authorities, are
clearly traeeable to thc Legislature."
He reviewed legislative action on
traction matters in New York City
from 1860, when the city was first
stripped of all control over the grant
ing of franchises, upon thc suggestion
of Governor Edwin D. Morgan, down to
the present time. and declared that the
same attitude had prevailcd during all
this time toward thc municipal au?
Board Open to Attack
"So long as the Legislature with
l.olds from the Board of Estimate and
Apportionment the power to deal with
thc transit qjestion," said the Comp
j, troller, "it is obvious that that board
J is left in the position of being con
tinually assailed by the various cor
porationB acting under legislative au?
thority, and that no action can be taken
by the City of New York except such
as is in conformity with the wishes A
these corporations. The criticism of
. the Board of Estimate overlooks the
fact that the Legislature has withheld
7'rom it the power to give effect to any
deternrination that it may make in the
. interests of the people of this city, if
that determination is not to the liking
?, of any traction company.
"For more than sixty years, as the
result of legislative policy begun in
; 1860, the people of the City of New
York have been stripped of any ef?
fective voice in regard to their daily
transportation, and there never has
1-een a time during that period when
'..bc municipal authorities could effec
? tually provide proper transportation
without first going, hat in hand, and
- procuring the consent of one or more
traction companies, whose rights and
existence rest solely upon an erroneous
"?gislative policy toward the City of
The Comptroller declared that the
- State Constitution clearly authorizes
the. City of New York to own its public
'tilities, including rapid transit, and
that it is very dtubtful whether the
Legislature has the power to interfere
with the exercise of this ownership by
icquiring the city to lease such prop?
erties to privato corporations for op?
eration. What is t?*ue of rapid transit
railroads should also be true of sur?
face lines or any other form of pas?
senger transportation within the city,
thc Comptroller said.
City at Mercy of Lines
!"It is further to be observed," con?
tinued thc Comptroller, "that while the
Uoard of Estimate and Apportionment
may authorize the acquisition of rapid
. transit line;; by purchase, the city is
completely ;it i ho mercy of any of
such lined as to thc price to be paid
fo- their property. Such price must
be that demanded by the franchise
holding company, for the Legi8la*-ure
has not authorized the City of New
York to exercicie the power of cminent
domain in such a case and acquire tho
property by condemnation proceedings
in which the price to'bc paid shall be
fixed by the courts.
"lt is very mjch to be rcgrettcd that
tho pending legisiation contemplates
the subjection of thc city'B properties
to private operation for many years to
come; in fact, thorc is no indication
that thc city would ever bo permitted
to operate its own properties under the
plan proposed. It is an unthinkable
thing thnt th* people of the City of
New York should tlways be under the
domination of men whose primary con?
cern it the personal pronts that can
be reallzed out of the di'scomfort of
"in your message you say that: 'Thc
public nre now in a state of mind to
take nothing for granted.'
"If private operation is to be con?
tinued thc New York public is justified
in assuming that thc same kind of
treatment that has been accorded to
them in tho past by the private oper?
ating companies will be meted out to
them in thc, future. Thero seems to be
no justification for the proposal to con?
tinue private operation, except the de?
sire of certain men who have hereto?
fore had a stranglehold upon thc people
of this city to tightcn and extend their
grip upon the situation.
"If the fares were now increased in
the manner involved in the pending
proposal the city would be deprived of
the benefit of the contracts. No mu?
nicipality could hereafter deal with a
public utility company in the expecta?
tion that thc contract obligations of
the latter would be observed in good
"It is evident that instead of pouring
huge sums into the coffers of the pri?
vate operating 'companies and laying
the foundation for an orgy of specula?
tion in thc stock market that private
interests in tbo transit facilities within
the city of New York should be extin
The Comptroller declared that tho
errors of the past can now be kept cor
rected "by unfettering municipal own?
ership and operation of transit lines
within the City of New York." Many of
the surface lines, he said, were now
left without patronage or justification
for existence, and thc franchise hold?
ing companies should bc required "to
remove the cars and tracks from the
public _ streets as obstructions to
traffic." Some of thc surface lines
which have a transportation value, as
feedcrs or cross-connecting links with
the rapid transit lines, should be ac
quired by the city through condemna?
The rapid transit act, which author
izes the city to acquire rapid transit
lines by purchase, should be extended
in the same manner, according to the
Comptroller, so as to apply the prin?
ciple of eminent domain and condem?
nation proceedings in acquiring what?
ever interests the Interborough and
Brooklyn Rapid Transit companies havj
in thc present subway contracts.
"The office and powers of Transit
Construction Commissioner, as succes?
sor to the Public Service Commission
under thc rapid tnnsit act, -.hould be
transferred to a department of the City
of New York, which may be called the
department of transportation," the
Comptroller further suggested.
"Any powers now vested in the Pub?
lic Service Commission with respect
to thc regulation or service of transit
companies within the City of New
York should be transferred to the
Board of Estimate and Apportionment.
The latter board Is now vested with
the franchise granting power, and no
subways or other lines can be built j
except upon its authority and consent.
Personnel of Board
"It may be that there are three men
within the City of New York who would
qualii'y for such & commission as has
been proposed to exercise the func?
tions of the Board of Estimate and Ap?
portionment in transit matters. If so,
their names may be made known and
they have as good an opportunity to be
elected members of that board and ex?
ercise all of the powers which the Leg?
islature may release to it as any other
men in the city.
"In order that there should br no
mi.-understanding as to the desires of
ihe people of the City of New York in
a matter that vitally affects ever> hour
of their existence, and in view of the
procedure heretofore followed in ascer
taining their desires concerning the con?
struction of municipally owned rapid
transit lines, the question of the cessa
tion of private operation of transit fa
eiiitics in the City of New York should
be submitted to the people of thia city
by referendum at the earliest possible
Comptroller Craig said that the bills
required for amendment to the present
laws, so es to carry out his sugges
tions, had been prepared and would be
submitted to the Legislature at once.
State Rail Rate
In U. S. Court
Files Bill in District Tri
bunal to Get Ultimate
Supreme Ruling on Inter?
state Commission's Power
Fights 20 P. C. Increase
Cites Several Grounds in
ilV of Federal Board
NORWICH, N. Y-, Feb. 19.?The con
stitutionality of the Interstate Com?
merce act was assailed and the right
of the. Interstst-i Commerce Comrnis?
sion to "ssue ar. ',rder pcrmitting rail?
roads operatirg in New York State to I
increase farci within the state 20 per '
cent wa3 qu?:stioncd by Attorney Gen- !
eral Charlei D. Newton in a bill of
complaint filed in the United vStates
District Court here to-day. The ac?
tion seeks to enjoin the comrnission
from tnfor.'lng its order. It was the
first move by tho state's Attorney Cen
cral in th-a Federal courts to force a
review of the determination of the
commiss'on by the United States
Suprerne Court. A companion action
with tho same ultimate design is pend?
ing in the state courts.
Thc Attorney General alleged that
''there were no facts before the Com?
merce Comrnission justilylng its re?
port, findings and order and that the
record wholly lacks any foundation for
the making of such report, fmdings
He further charged that the order it- j
self and the provisions of the inter
Btate commerce act under which the
comrnission attempted to sanction the
increase violated the Tenth Amend- :
ment to the United States Constitution
in that they invaded powers reserved
to tho state to regulate intrastate com?
merce; the Fifth Amendment by im- '
pairing the obligation of the contracts
existing between the state and the rail?
roads; and another section in that they
imposed a capitalization and direct tax
without the apportionment required, as
well as other constitutional provisions
designed to safeguard purely state gov
At the same time Attorney General
Newton requested the Federal Court to
restrain the cosnmission from institut
ing actions against the railroads for
the collection of penalties for violation
of the order to increase passenger
"I feel confident. of success in this
action," the Attorney General declared
to-day. "Shortly after the increased
fare order was made by the Interstate
Commerce Comrnission I declared it
was my intention to carry the case to
the United States Suprerne Court for
determination. The aim of the present
action is to obtain this, final decision as
soon as possible."
Dice No Evidence of Craps,
George Argues; Goes Free
George Washington, twenty-five
years old, of 352 Lenox Avenue, and
Grover Cleveland, twenty-seven, of 552
Lenox Avenue, with eleven other col?
ored men, were arrested last night in a
raid by Detective Prior after informa?
tion had been received that a craps
game was in progress at 409 Lenox
When the prisoners were arraigned
before Magistrate Norman E. Marsh
in the Men's Night Court, Washington
was appointed spokesman for the
"Any evidence?" inquired the court.
"Craps dice," retorted the poiice of?
ficer, producing a set of contiscated
"Your honor," interposed Mr. Wash?
ington, "craps dice ain't no evidence
of craps shootin', because there ain't
no colored gent but what owns a set
for his own personal amusement, but
we all ain't shook dice since we come
back from the war. Ain't that so Mr.
Cleveland?" he inquired, turniug to
the Btout person on his left.
Mr. Cleveland said it was so. *
"Dismissed,". said the court.
George Washington reached for the
dice on his way out.
"Leave them there," said the magis?
"Yes sir. your honor," ngreed Mr.
Washington, "they sure is trouble
42-44 East 49th St.
A finely upholstered English style
Arm Chair with loose cushion
seat. Mahogany legs?Covered
As II lust rated
with our large and
lection of Antiques, For?
eign Models, Objets d'Art,
Italian Garden Marbles
and Terra Cottas, our
Fourth and Fifth Galleries
are devoted to the showing
and sale of high grade
medium priced furnltirre
We cordially invite com?
parison of our regular
PI*^> Quality Considered^
with any of the February
Sales now in progress.
Speeial and personal Aimone
Service given to all Sales:
Goods are carefully gone over
at our Shops before being
placed on sale at our Galleries
and again before delivery.
AU Goods Bear The Aimone Mark and Guarantee
/P. Q 00 . 42-44 East 49th St.
wvufvone Z}ymXt\?/r%izd Ne*r Mad|*>n a**
Juger'fl Residence Issue
In Assembly Hearings
Jorsey Election Canvasser Says
Socialif-t Legialator Was Named
as Maywood Voter
The sub-committee cf tlie Judiciary
Coinmitto of tho Assembly investigat?
ing tho legal rigrht of Ilenry Jager,
to sit in the Legislature- continued its
inquiry at the Murray Hill Hotel yes?
terday. The chief point at issue is
whether or not Jager is a rcsideut of
the State of New York, it being con?
tended that he is actuully a resident of
Maywood, Bergen County. N. J. s
Mark Masters, an election convanser
of Maywood, testified at yesterday's
hearing that he called at Jager's May?
wood residence last September, where
he was met by Mrs. Jager, who, in
reply to his questions, said fho.ro were
two voters resident there?her hus?
band and herself.
' Bruno Fitchl, collector of taxes in
Maywood. submitted records of his
office which showed that taxes had
been paid on property owned by Mrs.
Irene Jager, wife of the S<-cialist As?
semblyman. When asked whether
Jager had paid his poll tax in May?
wood for 1920, the year of his election
to the New York Assembly, Fitchl re?
plied in tho negative.
The inquiry will bo resumed next
Girl Witness in Murder
Case Dies of Poison
Bpaolal Diapatch tn Tht Trirmni
TOPEKA Kan., Fob.' 19.?-Miss Kath
erlno Foley, twenty years old, sum
moned to-day as a witness in thc
George Cruse murder case at Wichita,
died here laet night as the result of
poison forced down her throat by a
maii and a woman, she told her mother
before her death.
Miss Foley, who had been staying
a*; thc home of a neighbor for the
night, rushed to her own home in her
nijrht clothing at 11 o'clock, calling
he\* mother. A physician was oum
moned. but the girl died an hour later
Miss Catherine Longaker, a chum,
who was with Misa Foley eariier in thc
evening, said a man and woman had
watched them for some time and then
Cruse, a Wichita oil man, has been
courting Miss Foley for some months.
Two weeks rjsjo his wife was found
strangled to death and Cruse is under
bond, charged with her murder.
Starr May Recover, but
Must Return to Prison
HARRISON, Ark., Feb. 19.?Henry
Starr, "reformed" Oklahoma bank rob?
ber, who was shot and dangerously
wounded while leading a raid on thc
Pcople's State Bank here yesterday,
has a chance to recover, according to
reports from his bedside to-day, but,
he must go back to tho pentiary. Gov-1
ernor Robertson of Oklahoma has can- j
celed his paroie, granted in March, 1919.
Three men are under arrest in Sclig
mun, Mo., in connection with the at?
tempted robbery. Stnrr's three com
panions got away after he was shot.
Tho men arrested gave thc names Bob
Evans, Boyd Densy and?Smith.
Mrs. Starr has arrived here. She
denied previous knowledge of the
planned robbery or of the $2,000 debt,
which Starr said prompted it.
Craig Explains Bill for
Tax Payments in July
Comptroller Charles L. Craig, in a
statement issued yesterday, aaid that it
had become necessary to amend the
city charter to provide that taxes for
the second half of the year shall here
after be payable on July 1, instead of
November 1. The Comptroller said
that a bill to this effect had been intro?
duced in the Legislature by Senator
Thc moving ahead of the tax date,
the Comptroller explained, was essen?
tial to relieve the strain on the city's
financcs as well as the strain on the
money market when the city had to
borrow. Hc admitted that the payment
of taxe? in July instead of Novlember
woud impose a hardship in some cases,
but he said the pressure would be dis
tributod widely. Thc money that*??,!,,
otherwise be borrowed by the atoOt*
declared, then would br. _v_iuxu?
mortgage and housing purpowj Ior
PARK & TILFORD
Chocolates and Bonbons
"A product worthy of the name it bears**
Have you bought a
box of Park & TU
& Bonbons lately?
At 34th STREET
SPECIALISTS IN APPAREL
A Mandarin Suit of
Tricotine for Misses
in which the East and
West meet in perfect
harmony! The dragon
embroidery is distinctly
Chinese?the sash of
A Vanity Purse
is decidedly good
looking, as well as prac?
ticai. Fashioned of
heavy moire silk,
banded in gold, and
fitted with all the ac?
cessories for feminine
A Little Boy's Suit
is of Anderson Ging:
ham combined with
white lawn. Thefrilled
coilar is very youthful,
and the large pearl but?
tons very effective. In
brown, cadet, navy and
green. Sizes 3 to 6
Our Entire Remaining Stock of Women's
Winter Wraps and Coats
NONE SENT C. O. D., EXCHANGED OR ON APPROVAL'
Coats and wraps that will give exeellent service, developed in bolivia, evora, chamoistyne. veldyne,
luella and imported tweeds, also rich fur fabrics, including Baffin seal, plush, Arcadian lamb,
Broadtaii cloth, trimmed with collars of beaver, squirrel, nutria, Australian and ringtail opossum,
or self material. All lined with silk.
49.50 Coats .; . Reduced to 29.50 85.00 Coats . . Reduced to 55.00
55.00 Coats .. . Reduced to 38.00 135.00 Coats . . Reduced to 75.00
75.00 Coats . . Reduced to 45.00 145.00 Coats Reduced to 95.00
?of fine taffeta?
or filmy lace
These smart frocks jusfc
teem with newness. Those
in taffeta have voguish
pleated panels and eyelet
e m b r o i d e r y on waist and
skirt. Those of lace are
c 1 e v e r 1 y combined with
satin, and look well on most
any type of figure. Colors:
Black, Silver Gray and
Brown. Fourth Floor
A SALE OF WOMEN'S
Dainty New Blouses
?for dress and tailored wear-?
v At 3.95
For dress wear, there is a charming over-blouse
of Georgette Crepe, with vestee of Venice lace, and
pretty roll collar and cuffs edged in lace to match.
For tailored wear, you may have a lovely batiste
blouse, made entirely by hand and adorned with
lovely drawn work and small pearl buttons*.
Made of fine grain Morocco
in black, with double flap
fastened with enamel clasp.
Lined inside with silk moire,
fitted with three pockets and
mirror. Finished with long
strap handle. Main ne0,
Boys' Palmer Linen Suits
Smart little regulation
middy suits and one
piece styles, made of
genuine Palmer Linen
?it laun4ers beauti
At this low price they
will move in record
time, therefore irnme
diate select ion is ad
vised. Popular blue
shade ? sizes 3 to 8
REDUCED FOR CLEARANCE!
Girls' Serge Frocks
Formerly up to 14.75
Monday at 5.95
Every frock in the collection
taken from our regular stock and
There are regulation models for
school wear, and dressier models
trimmed with gay sashes, or
contrasting embroideries that are
very effective. Sizes 6 to 16 years.
One style pictured. Second Floor
For Monday Only?
Swagger coats that are
typical of youi.h in their
jaunty styling and smart
ness of line.
In man tailored sports
models, developed in
camel's hair polo cloth,
with raglan sleeves, novel
pockets and trig belts.
Silk lined throughout.