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amended and a board of rapid trans't'
lailroud. COmmJsaioners was named ln the :;ct, with power to till vocancies. As ? preiiminnry st'p the board was reouircd to obtain the constitution.il corsi-nt* of the local authorities and :ibu*ting property owners. or. in liea i/l the latter, the determination of the General T?orm. now ihe Arpe, ;;t . > ? sion, of the Supreme Court upon the report of commissioners that tbe pro Vd^ejl road ou~ht to be constructcd and op^f^tod. The board was then to prc pare plans aud advertise for bids for '? ? ' . q,' i i. < /" t. n. Upon obtaining the constitutional coh sent!* the board was indepen lent if municipal control e.xcept that the ap piovul of the Common Councii was re quired as to the form of contracts. Under that act the first two subway contracts were let, viz.: Contract No. 1, oa February 21. 1900, for the sectl n north of the Postoffice in Manhattun, pnd' Contract Xo. 2. on July 21, 1901, from the Postoffice in Manhattan to the, Long Island Railroad terminal in Brooklyn. Under those c ntrncts, mada by said boatd. the credit of the city wajs' pledtjed to the amount of unward <.f ?55.009.000, a little over $51,000 000 of which has been exempted from tho uidebtedness which is a limite.tion upon wie borrowing power of the city. . io?irs .i B-.ard Transitrrcd "By Chapter 631, Laws of 1905, the powi_r o. aiproval of 'plans and con clusions,' by the original act vested in the t oir.mon Councii was transferred to the Board of Estimate and Appor? tionment. That power was continued by the revi:.ion of 1909 and sti.l exists "The greater New York charter (Chapter 378, Laws of 1897) provided by ;Section 45 that nothing in the act should repea: or affect in any] manner the provisiens of the rapid ? transit act. '?" wijl thus be seen that the first! Tenture of the City of New York in i owueranijp ol' transit lines was under contracts made by a board 11,4,0.i.t a by ihe Legislature, which ! wav independent of municipal control exejept for the constiiutional consent required to preliminary pans. "In 1907, as a part of the enactment of the Public Service Commissiona law, the powers of the board under the rapid transit act were transferred to i the; Public Service Commission for the ' lst District. There was then urgent need for an extension of tho rapid transit svstem. However, it was not until 1913. despite all of the efforts of the public authorities, that con? tracts No. 3 and No. 4, provi.iing for extensions under the so-called dua. system, were made. That was due in puri at Ieast to the delay in effecting a working arranr-?rr.ent between the commission and the Board of Estimate anu App .iti nment. Those contracts were made by the commission and were approved by the Board of Estimate and Apportionment, and they contained a cause requiring the approval of the board to any changes. However, I find no statutory warrant for that provi sion, the only consent of municipal au thorty ta changes expressly required b'-' v- ^tatute being consent to changej of plan. e Drifts Toward Dlsaster "By Chapter 520 of the Laws of 1919 th.e reguiatory pjwers of the Public Service Commission were transferred to .? sing e co.iunissioner appjinted by the Governor and the poweis under the rapid transit act were transferred to a s hgle tr .n it construction com? missioner. The result is that there are now three agencies deaiing with transit in New York City?the Public Service Commission, the Trans t Con 3,i Cwion t;ommi si-ner and the Board of Estimate and Apportionment, and tbt puwcis of each are in dispute. lt is not strange that an apparently hope^ess tangle results. "With respect to surface lines an equal y hopeless tangle of author ty exists. It was obvious'.y intended to confer upon the Public Seivice Com? mission complete regulatory power over them But the Court of Appeals decided that it would not infer, from the language of the act, an intention to do that in cases where local con sents had imposed condi.ions as to rates of fare. That decision, however, has been imited to such consent granted between 1875 and 1907. The result is that the Public Service Com mi sion has jurisdiction over some lines and different secti&ns of the same line and a diviJed authority w th tne Board of Estimate and Apportionment j over other lines or sections of the same line. "A drifting policy has naturally re snlted from div ded authority and re-1 Sponsibility, while the transportation prob'.em in the City of New York has ?teadiiy drifted toward uisaster. Great Need for Expansion "Arcording to the report of the Trqn?!t Construction Commissioner, th?re is greater need than ever of ntw construction and extension of rapid transit lines, the present lines having reael ed the point of saturation during rn?l. Imurs. ln passing, it may be ob served that the service has been so fri"r;ed that every hpur appears to be a resh hour. The commissioner states that at present costs tne new con strtfctior and extension p'anned will c^fct, ?3.rj0,000,000, not including equip? ment. for w ich $200 000,00.1 win be ie qjtf.tjed Of course, under present con Ritjvna, private capital will not be rjsfcfed m the enterprise, and the city's b- rtowinjr capac.ty is limit^d by the $50,<l,d00,000 in round numbe^s of sub? way. b-nus now maintained out of the tax levy, o hi.e anjtter *5J 00 p 000 w Ii be 'pquired to complete projected work for which the city is ob igated. "According to Jhe report of the Pub? llc Service Commissioner, the revenuea ?>t a'l operating companies within the :-????' r t e tisca! year ending Jjtye 30, 1920, fell short of paying op <?;.... ,i? iv.ubu, interest, rents and oth? r fixed charges by $10,735,'599, as apsirst a deficit the prior year of ?$8,55e.408. "Many of the roads are in the hand3 ontfeceivers and others on the verge of receiverships. Systems have been d*itint<g.ated. Two, three and, 1 un Oc.i. ... tn some cases four fates are no-.v. required where before one sufficed. Mwiy lines have been abandoned and - :;v;ce on others '.uspendjd, mainten ahce ras been deferred. taxes are un paid and service has deteiiorated, all ? nc 'iivenience. discomfort and expenae of the public and the great loiV oi the city. Welfare of State Involved "The we.fare of the entire state is invo v<d in the right solution of the prpbiem. Transportation is a "public XWKtion. intimately atfecting the gen? eral welfaie. and the regulation of it is within the police power of t e state. lhe colossal nature of the problem and .he general interest affceted by it are satfecated by ihe fact that there aie unward of $850^)00,000 of New York City traction bonds heid by the public, mcjudinjr the $250 000,000 of city bonds. '"While the present drifting policv in fJlt'8"* 'bltiy b<'c',mi"g more di?tress JlMjIy acute is plainly due to the un wl.e division of authority m?rl re sponsilility already referred to, the etese of the difficu ty lies deeper. The present problem haK a background of orp/;k'.?J financing, which n-^w stfbjects lt' to popular distrust and prejudice ew*?l ' ;.rou?erf by the wiles of the oemagogue. The tirne has come to pro tcct it from the sinist-r deHfns of ?em?h financiers ?nd politicians. lt WUI not be difficult to eliminate the baia^ful influence of the former. The m?rk<t v.-tlae of out^tanding securitiei is' nndoultedly much below the in trinsic \alue of the propertie* reprc* oemtr.d, TJ-e t-tat ftlr?ad" has been t'tfir*.'** o-Jt <f the securities and the wimpaniet* are not earning fix<-d oMtges. The time i* thert?fore pro tr&po* to deal with the subject ln tho pui/fie interest xnd w?tb exnct justice tOH. ft wuU h* little short of a poblie ealamity If th* opportunity thu~. p?#fented w#>re xMov/- -1 to pass. Of eowrse, any eonsidera m ?l th* sab B. R. T.'s Pliysical Assets Junk," Garrison Informs Legislators "One Snowstorm and Company Would Go Under," Receiver Dcclarcs; Says City Administration Has Tied His Hands in Efforts to Reniedy Conditions Brooklyn members of the Legislature conferred yesterday with Lindley M. Garrisun, receiver for the Brooklyn Rapid Transit Company, and with the Public Service Comrnission to obtain iheir views upon remedies for the transit situation. They learned from Mr. Garrison that he regarded the physical as?,et3 of the system of which he is receiver as "a bunch of junk." "One snowstorm and the company would go under," said Mr, Garrison. His reference to the property as junk was when he to.d the legislators l.ow improbaole it was that the bond holders wou'.d seek to end the reciiver ship. The property they would get, he Said, scarCely would be worth the trouble of the effort. He was willing, he said, to consult with city officials and traction heads as to any practic ibie m-thod Oi redeeming the lines under his control, but the present administration, he said, had ject must start from the premlso that the public shall not be called upon to pay earnings upon or to amorttee vntered securities.. The ultimate solu tion of the problem must be maximum service wi n niiiiim> m cost for the benefit of the users'of the public trans? portation facilities, the majority of whom have no other means of trans? portation. The poblic are now in a position to escape from the conse quences of past misdeeds or mistakcs if, instead of utilixing them for sin ister purposes to breed disorder in the public mind, advantage is taken of the present opportunity to lay the solid foundations for a forward looking con structive policy. ln the past capital has been attracted too much by the chance of speculative profits. Neces snrily those profits are made at the ex pense of the investor and the traveling public. Poor and costly service and lo s to the innocent hoider of securi? ties are the inovltable result. Cer tainty of a fair return must be the at traction to capital in the future, and ! that, 1 am sure, the public readily will j record for itdequatc service. The pub- j lic are now in a state of mind to take : nothing for granted. Their past ex- j perience has been such that they now: rightly will insist upon being satis fifcd that the actual facts justify any j measures adopted. Some agency, hav-j ing public confidence, impartially to i ascertain the facts and courageously to j apply the remedy, appeai'3 to be im pferatively demanded to eXtricate the problem from its present difficulties. I Unlfied System Needed i "Viewing the matter solel. ln the public interest, I think it plain that the foundations should now be laid for a completely unified system of transpor? tation in the City of New York, and I believe any open-minded person who studies the subject at aU w 11 be forced to that conclusion. The single fare plan appears to me to be important to the future development of the city and the relief of congestion with its mani ""o'd problems hous ng and the line. Extensions should precede rather th'n lag behind demand. That means that pr>ft-.iMe parts of the system must maintain the umrofitable. ln order to give the public efficient and cheap ser? vice, every possible economy in oper atlon and management must he effected and every unnecessary duplication of service el'mHated. Necessari.ly the subways will form the backbone of the system. The e'evated Burface lines and hi sses will eventua ly be mereiy aux iliary. If, however, the most efficient service is to be rendered at the lowest cost c mpetition must be eliminated and the part cular service best suited to each particular situation must be adorted. "The foregoing and other consider ations all point to one complete'y uni fled system, and if that premise bo granted it necessarily leads to the con clusi n that ultimately such a system mvst be municinally owned. That was set'lod when the city decided upon mu nicipally owned subwa. s. A unified system of operatlon will be difficult wiVh both pub'ic and private ownership of ways and structuros. Of course, tho ultimate resvlt cannot be accomplishod in a day The time. however, is ripo to lay the foundations, and to lay them proper'y we must cemmandeer tho services of men of proved ability, breadth of view, vision and public spir't in whom must be vested all the . author.ty that can constitutionally be i ..civen, and such men tm-st he selected | utterly regardless of politics. Lease Terms Too Long "The subway contracts, three and four, lie at the threshold of any so j htion of the problem. The naed re i vision in the public irfterest. They i mi st be revised if the problem is t? be ; solvd. I have not studied them suf i ficiently to assert with dogmatic assur ; ance precisely how they should be re I vised, and am on'y referiing to tho ! matter sufl'cient y to ind cate the prob jlem with which we have to derT, A very | brief examination will suggest certain j major ptints for revision. Experience I has demonstrated thaf 'he nrovisi ns for prefercntial payments are unfair to the city. The city is now nr v'd n-r the interest and sinking fund for rouglly $200,000,000 of subway bonds out of the tax levy. vet it^ brd-o' re qhirements are so great that iVhas to curtail the police force, nnd this yuir j the Board ot Estimate and Apportion o'nnrnnCVCn *?tAtatu?f the bud?et $27' j 000 000 conccded to be necessary for the schools Tht> city is so near the dehfc lirr.it that it cannot und^rtake needed public improvements, even the erection of necessary sch ol buildings, yet if tho subway bonds were maintnined opt of operation, a, they should be, the citv's borrowm-r power. wjuld at once be in? creased $200,000 000. The people who nde in t; e subways do not reafize that jn ad iiti-n.to their fares they are pay ?ng to maintain $200,000,000 of s tbwav bonds, and it does not matter whethe'r they are tax pay ers or rcntpayers. Of "ourse, tlmt obaervation dois not apply to the hundreds of thous.mds living outside the city who daily use its transit facUities. . "in mv opinion the term of the leases | is too long. That would not be so vital ! if the provision for rccapture would I not penalize the city in case it should ] exercisc its option before the expira i tion of the term. That also would ap 1 pear to need revision in the interest of the city. Service Board Proposed | "Wholly apart from the considora , tion that the wise solution of the prob ; lem will, m my judgment, puve the way for a gin-le municipa'ly owned iystem, the problem is in its If sinHe j and must bc dcalt with as a whole. No ; particular 1 nes can be treatcd by them ; Mr*e#, ari(j exper er ha|| detnonatratod tho nnwladon 0f sep ?rating the wgttl?t?r> powers of the ? UbllC Service Commissioner from the < poweri under the rapid transit act now vested in tho Traniit Construction ^ommisaioner.. Incre.ised e:-:p nse nnd om?IOB and uncertainty of authority nave resulted. "To ny mint] thc conc]uB-on j , rf ? ftibU that the authprity and respon ?ibility io dftftt with this problem must 5<c completely c?nter<*d in some single agency. Mnnlfeatly that cannot bo the loard o. Ls* mate and Apportionment, u ls common knowledge that that bod Ia unable now properly to functlon and dtsposa of tbo matters coming before tied his hands so far as any adjust ment was concerned. The legislators were given to under stand that only the elevated and sub way systems in Brook yn were paying their way, and that if present condi? tions continued it was onl, a question of time before more trolley lines must discontinue service. Mr. Garrison was said to favor a plan to find out exactly the inccme neces sary to meet fixed charges and oper? ating expenses and yi^ld a fair return on stock and bonds and iixing a rate of fare accordingly. This rate, it was said, he recommended trying for six months, when it probably would be pos? sible to decide upon a permanent rate of fare. The entire Board of Estimate and Apportionment, except for Comptroller Craig, are to go to A.bany to-day to ask the passage of a bill authorizing the city to operatc motor busres and to de? mand recognition of the home rule principle in any legislation increasine transit rates. 't. That obsorvation implies no per- j sonal reflection. Its inability to deal j with such a problem as this results ' from the very nature of the organiza? tion of that body aftd the mass of mat ters with which it deals. A Public Service Comrnission with all the power under the rapid transit act and all the ! power necessary to deal with the prob- I 1cm, reserv ng to the city the po.wer to give the constitutional consent to routes and of course, to pledge the credit of the city, appears- to me to be the manifest solution. "The foregoing views appear to me to be sound. But in stating them, after much reflection, I mcrely desire to invite your eonsiideration of them end to focus public attention upon them. The vital thing to do at the moment is to create the agencv to deal with the problem, with amole"and un? divided authority and responsibility. The necessity of doing that does not' appear to me to be open to debate. j That agency, when created, must work out a plan from tho ascertained facts, uninfluenccd by any prejudgments or predilections whatsoever, and I have said nothing with the int^ntic.n of in f.uencing the ultimate decision, with the single reservation that that de? cision must be in the public interest. Problem Is State-Wide "There is a good deal of loose talk about home rule in connection with this subject. Tho problem is not a local problem. It is a state problem, state-wide in importance, and can only be solved by the exercise of the poiice power which resides in the state Leg? islature. It mattcrs not Whether the city owns the subways in its govern mental or proprietary capacity. In either capacity it is merely discharging p public function over which the state in the exercise of its poiice power has control. There are two great problems of transportation ih and about the City of New York. One is the problem of transportation of passengers, with which we are now dealing. The other is the problem of the transportation ot" freight involved in the port develop? ment problem, on which I hope to ad? dress the Legislature in the near fu? ture. Both are of general state con cern, und neither can be properly srdved without the oxercise of state power. I believe in the greatest exer? cise of home rule cempati' le with good government, but thc" public interest must always be kept paramount, and when state power can be effectivelv ex ercised only by the stata it ought not to "~p delegit-H to rn,in;<v-"lit;'"-" "The regulation of public utilities is from the nature of the case a state function, and the power of regulat'on must be undivided to be effective. Tne strte '?? a h s ' ? e 1 ing with the particular problem at hand to draw bvck now. The responsi? bility already has been assumed. The deplorable condition of transportation in the City of New York which I have 'nodequately described, and the dark prospects ahead if no relief is found, preclude the thought that either-tho Legislature or the Governor should ev^de or seek to shift their responsi? bility. Board Would Control Transit "Were it not for the uniquc charnc ter of the transit, problem in New York, I should recommend that all pun lic utilities in the state be placed un? der the jurisdiction of a single stau i comrnission which should have t'ull power, rejjardless of any local author? ity, except in so far as the constitu I tion has vested power in thc localitie.s. Apart from the fact that the poiice po - r 01 ti'e at(3' e ci judicial powers should be vested in an 'rrpartial tribunal. A tribuml respon sible to local authority cannot be ex pecte'l to bo i -p t a 31 " I e se und experience has shown that such tribunals are subject to 1 cal feclings and prejudices. The vesting of suc.i powers in them is like submitting a controversy to one of tho parties to it. "I do lecommcnd tha: ah p-blic utilities ,be placed under the jurisdic? tion of one state comrnission, excT*pt ; that a comrnission be created for the I lst District which complete jurisdic? tion over tvc sin^'e subject of transit in that district. I make that excep ! tion not only because the problem is unique and complicated bnt because I j entertain the hope that piblic spirited ?men. who might not be willing to ?ndertake t'^e regulation of pub'.ic i utilities generally. nay be found to undertake a particular service. It is no exaggerntion t"> say that that serv? ice will require thc highest order of intelligence, fai'-ness and p blic spirit to which* any clt'zen may ho called and ' that it affords an opportunity for dis , ting'dshed pi'blic service the like of : which is rarely presented. i Three op Comrnission "I recomnv-nd that a comm'ssion of three "be created with omp'ete j'ris | 'Mction over t*"e subject of tra.nsit in i the lst District, that the powers under the tVblic Service ommissi^ns I law and the rapid transit act be trani j ferred t> it with such amendment as 1 further stur'y may suggest and that the former in''ependence of municiml control be restoreo* re?rardless of the , nfov'sions of local conacnt3 or prior I contracts. "I further recommend that jurisdic? tion over all other public uti'lties in trfe a'ate be conferred on the present comrnission for the 2d Distiict. Five commissioncrs for that work may be necessary. 1 "I also recommend that thc Public Service CommtFsions law be nmended so ve to mnke thc rules uniform as to all public utilities, inc'uding the power ; to suspend rates pending a hearing and 1 determinatlon. In view of the time renulred for Borhe rnte dotcrminntions there ehould ('oiht'ess be power to orcScribc temp rary rates pending such determinatiort, with such safc gui-rds as may be prescribed by tho ! comrnission, and comn'ete power should oxpressly be vested in the comrnission regardless of local consonts or con? tracts. * Taken Up Gas Itates "I lnvito your particular attention to 1 tho subject of g:is rates. Acts of tho , Legis'ature prescribing particular rates I havV,(,f,n found to be confiscatory by | tho Fedoral courts. The result is that j the companies affected aro left free ?o i imposo any rato, ?ubje?t only to tho 1 roqutrotnent of reasonableness. That condition requires immediate remedy. Either the Legislature must prescriba new rates or confer jurisdiction over the subject on the comrnission, regard less of any statutory rate. If we are to have a Public Service Comrnission at aH it should h3ve complete jurisdic? tion ~over that subject. Likewise, it should have jurisdiction to regulate the service and prescrlbe the standards of quality and the like. "It is impossibie to exaggerate the importance and the value to the peo? ple, if well done, of the work of the Public Service C.mmission. That body should be elevated to the dijrnity and the standing of a court and should be removed frcm political influence. If a comrnission of five is retained, I rec? ommend that the terms be so arranged ns to expire at intervals of thr;e years. ?he ultimate term of the commission ers to be appointed upon tne oxpira tion of the "terms of the present in cumbents to be fifteen years. "The determinations of the cornmis rbn when once made should be ob^yed. There may be some reason for it, but I see no necessity of an appeal from the comrnission to itself, which must involve some unnecessary expense to parties and to the state, but, more im? portant than that, effective regulation requires that the orders of the com? rnission be obeyed until they are set aside. Funds May Be Decreased "I also invite your consideration of the question whether the comrnission does not undertake too much work of an administrative character. The great functions of the comrnission are quasi judicial or legislat.ve. As I have said ??o you in an eanier message, the com mingling of administrative with leg.s lative or judicia, functions impairs the etticiency with which both are d s charged and ma, a.so lead to abuses ! A body suited to discharge important quasi-judicial or legislative functions 's apt to be unsuited to administrations and attention to one duty is apt to de tract from performance of the other I think that has been demonstrated by the constant growth in the expenses of the two commissions. An oxamina tion of the organization under the Pub? lic Service Comrnission lor the 2d District discloses the typical develop? ment of the bureaucratic system inci dent to such commingiing of pbwers. There appear to be eight divisions, each with a difision chief, and apparently they constitute so ,many separate de partments, each naturally magnifying its own importance and with little or no correlation of effort and service be? tween them. It is inevitable that they are overmanned, and I think it will be little short of miraculous if a close in vestigation does not disclose that in every one of the divisions there are employees wno at some periods have little or nothing to do. I am not pre? pared to say that tho? work of any of the divisions should be curtailed or dispensed with. I recommend the study of that subject. I am prepared to recommend, however, that if continued, that work be placed under one adminis trator, who will see that it is properly correlated and efficiently done. The commissioners will have all they can attend to if they properly discharge their important quasi-judicial or legis- j lative functions. They should not be I burdened with the administration of j such a department'as now exists under them. Of course, the appropriation comaiittees will look carefully into this j subject. Instead of increasing the ap propriations for the department over $180,000, as is requested, I have no doubt that it will be found possible to effect dccreases by more efficient or? ganization. How that should be done, I submit to your consideration. "NATHAN MILLER." Comment For and Against Miller's Transit Message From a Staff Correspondent ALBANY, Jan 24.?When Governor Mi ler's message had been read in the Assembly, Senator James J. Walker. minority leader. attacked the Govern-* or's message as a Carson-Martin eight eight cent fare bill. Very littie in the message," said Senator Walker "smacks of the new. , The statcments ir. it are familiar to us I who ride dai y in the subways. They ' are the alibis of the Interborough for j an ei^ht-cent fare. The writer c this message is either the editor of The Subwiy Sun or the ed'tor of The Sub way Sun helped to write this message." S.mator Clayton R. Lusk, inajority leader, in reply to Minority Leader Waiker, said that the Governor's critic inculgcd in the talk of a den.agogue l He declared that the people of New York City Were not paying two. three and four fare3, where they had former? ly paid but one. "The Governor of the state could : have used this situation after thf I f"shi-n of the demagogue. and talked about a five-cent fare, which in realitv does no: exist. But he expected parti san attacks and demagogic attacks. Ho is too brave a man and too just, I too clean, too high-minded and too fearless a man to approach this ques? tion from any other angle than in a | construc'ive manner. "The time has come when the peo? ple of New York City demand some? thing constructive instead of a lot of rcolding from so many fishwives cn ? the transit problem." There was no debate on the message in the A3sembly. Speaker Machold eommented favorably on the message, saying: "I have not 3nade a careful I enough study to know exact y what leg | is'ation will be required to put the j Governor's recommendations into effect, I but 1 will delegate at once some one in i the House to the task of preparing \o<J i islation to cairy them out. j "After that legislat.on has heen pre I pared we can get an idea of the effect j his recommendations will have, and a i public hearing will be had to determine j just whi;t changes, if any, should be i made in the legislation to solve the. j prob'em about which the message was written." As emblyman Simon Adler, majority leader, said: "The Governor's message i points out the way for a solution of : tlie transportation problems in New l York City. The Governor's recommen | dation that all control over transit matters.be vested in one comrnission is the only thing that can bring order out of the present chaos." Assomb'ymnn Charles D. Donohue, minority leader, said: "There is no ! doubt in my mind but that the Gover? nor's message is an open suggeslicn to ; increase traction fares in New York j City." Assemblymnn / George N. Jesse, Re publican, New York: "Tho Governors message is based on false premises. It is a very adroit argument for an eight cent fare: Its proposals are in viola tion of the true conccption of home rule." Appropriation Bills To Be Rushed by Congress Frr?n The Tribune'a Waahinpton Bureau WASHINGTON, Jon. 24.?Appro? priation moasures will be given the "ght of way in both ho"ses of Con 7ress from this time until March 4. This is tho understanding among the leaders, who rcc-gnize t'-at unle?s np iroprlations' are rushed the supplc bills will not all be passe?i by the end of the session. Under thitj arrange ment, little general legislation ia ex oected to pnss. Nevorf-o'ess, there will be hard drives made for several measures. One is the packera* bilUajuat passed by thc Senate, which is to be forced in the ''ouse if poaslble. Another is tho Onldcr coal bill, The immigration bill irobably will go by the boards. Senator Borah will make a flght for 'Is disarmament resolution, but it ts tha general belief that it will arouao lengthy discussion and that lt will not be enacted. Inquiry Into School Crisis (Con'lnued from pagj one) liara H. Ettinger in his placo. With this line-up of Mr. Hylan's personal selection, there appeared every op? portunity for harmony.' But there wasn't. "Superintendent Ettinger was soon forced to arpeal to the State Board of Regents. He 7>ld the board that Mayor Hylan had 'unnecessarily in truded' himself in matters of the Eoard of Education and 'was uniawful ly trying to ccntrol the policies of the educational system.' Ettinger Appsals "Mr. Ettinger \vas frced to appeal to the State Commissioner of Educa? tion to maintain his lerjal command over the purely executive administra? tion of schools. Henry W. Taft was Mr. Ettinger's self-appointed attorney in this dispute, a~d the case was won. This was the first, but is only an ex? ample. There have been more petty squabbles, tinrest and .uncertainty in school matters under Hylan and more lack of progress than in the histcry of any other cify administration. "It shows petty politics in the City Hall, woeful lack of leaderUhip and' inefficicncy, and as a result pub'io edu? cation is rhade to suffer. People in the school system, by a mere process of self-defehse, have been forced to play politics to get nny action at all. "The school situat'ori in New York City to-day is dep'orable and l be lieve the state Legislnt'ire shou'd take a firm hand in an effort to divorce education from petty politics." ' Mayor Hylan and Comntroller Craig ' Mtterly opposed vhct they cal'ed the interference of the state * educational authorities and the Superintendent of Schools in matters of school finance un? til the budget for 1921 appeared. Then, confrohted with the deficit of $27,000,. 000 in the appropriation required for the maintenance of the schools during the prerent year, the attitude of'the Mayor and Comptro:ler changed toward the state authorities. They were wlll ing and are now preparing to shift the responsibility to the Legislature and, call on the state to deviss means to supply the $27,000,000. ] Comptrol'er Craig statod fintiy at a | meeting of the buciget committee ofl tho Board of E-t'mate' that education was a state function. Mayor Hylan I agreed with him. Governor Miller's attitude on the question was expressed in no uncer- | tain terms in his address before the I Bar Association Friday. Ho declared I that the tendeney to sh'ft the educ'a-1 tional burden to the state would sim? ply mean that, if successful, New York taxpayers would help maintain' the^ other schools of the state besido's their own, due to "the centfalization of wealth and property in this com? munity." Notorions Controversfes The state law provides that money for New York schools sha'l be sup plied out of the New York City budget. The school question under the Hylan regime has been a series of notori'ous controversies. The Board of Educa? tion and tha Board of Estimate have been at loggerheads constantly over th" conf-^1 of b-*V school >^"--fr.-, When Mayor Hylnn took office he de ciared that no "outsidors" were going to run t'-e schoois. He decla.red that an "educational political olig-u-chv" had been bu lt up "for self-perpelpntiori in rffice" in tho" Department'of Educatfo'h. He appointed his own Board of Educa? tion of five members. Ettinger Was made Superintendent of Schools by ths Hylan board, and has held that offico ever since, despite the facfthat Super? intendent Ett'nger has been the main cbject of attack by the Mayor and other city officials in the school controversy. Superintendent ettinger has reignel r.s "the czar" of the "political oligar chy" in the school system, according 16 ??ne Maybr and the Comntroller. The Mayor started an investigation of the accounts of the Board of Education, through his faith"ul Commissioner of Accounts, David Hir:hfield. This led to much wrangling. Mr. Hirshfield went to cui't to compel certain eduea t'onal officials to appear before him and produce their account -books. The school officials blocked the plans of th*s Mayor and the Commiss:oner of Ac? counts fand the investigation amounted to nothing. An attempt was made by the Mr.yor'3 Board of E lucation to deprive Super? intendent Ettinger of many of hispow ers fnd transfer them to the prpsid^r.t of the board. Dr. Finley, then Sti'.te Commissioner of Education, decided aga'nst tuc new rules proposed by tho Board of Education, and the Maybrwaa blocked again. Mayor Jnterfered Superintendent Ettinger contended t^at the M-'yer was interfeviig in purely educational p.ffairs of the Benrd of Educntion, which he h.id no right to do. The Board of Education' main ta.ined that it was the supreme con trol'iing body and should have author? ity to restrict the superintendent in any, or all, of his activities. They ap pealed to the State Commissioner of Education on that ground. Mr. Et? tinger maintained that' the board shou"*d act in an advisory capacity in lea'ing with educational subjects. The inadequacy of lhe teachers\sala ries and the fight of the municipal authorities against "m:-ndatory legis 'etion" to afford them a living wage threatened at one time the collapse of lhe whole educational structure. Hun? dreds of teachers left the emp'oy of the city because they could not live on the pay. Between the opening of the schools in September. 11)10, ar.d the first of last year there were 99:! rea ignations of school teachers. Thero were 348 teaching positions in the schools vacnnt at the time. and it waa impossjble to fill them because of the small salaries. It was estimated that 1)0 000 children were sent home each week owing to the lack of teachers. Before the Loclcwood-Donohuo bill was passed by the Legislature last year, giving the teachers a substan tial increase, Mayor Hylan sent an open letter to each Aasemblyman and Senator from New Yorli warning them of the burden the increases would placo upon the taxpayers. When it cifme t< nny the incfens?>s Court to Open .Brindell Safes At Trial To-dav (Con'Inuod from pagi on?) Mr. Untermyc declared he consid? ered Matthew Brindell's visit to the ?vitness objectionable and wanted to mit the defendant's brother on the stand. Mr. Littleton's objection tothis course was sustained. He contented that Mathew Brindell had a right to visit the witness. Promised to Pay $50,000 Asked by Mr, Littleton whether Brin? dell obtained money from- him by threats, Robertson rep'.ied he never considered them threats. He said that aktogether he had agreed to ,pay Brindell $50 000, which was to insure him against strikes on various jobs I for a number of years. He "said he first met Brindell during some labor trouble on a job for the "Guaranty Trust Cosnpany at Forty-fourth Street. and Fifth Avenue, when he told the de-' fendant that any del?y would cost him $00,000 a month. Subsequently, - he said, he paid Brindell $32,000 on ac? count. Further payments were stopped by the disclosures before the Lock? wood committee, he said. Mr. Untermyer questioned Robert? son concerning a conversation between counsel and witness held in the lobby of the cdurt building last Friday. "Was there any one near us when we ! were talking in the lobby last Friday?" asked Mr. Untermyer. "Some one was near you when you asked me to change my testimony," answered Robertson. "Do you mean that I asked you anv thi"T of 'he kind?" j "No. You asked me to correct it," i said Robertson. "Wasn't all I told you that the pso-! pie deserved more honesty and fairnesa in your testimony?" asked Mr. Unter? myer. "Yes. You told me that." Says He Paid Brindell William Waixel, of the Garden City Wrecking Company. was on the stand when court adjourned until this morn? ing. Ho declared that Brindell had threatched to "break'' him, and that re had paid the labor leader various sums, the highest of which was $1,000. Mr,# Untermyer yesterday made an? other attock on the Real Estate Board for its recent action in sending a pro fest to Albany against extending the powers of the committee. Mr. Unter? myer, in a letter to-Senator Lockwood, chairman of the committee, asserted that the Real Estate B'oard's oppoaition had been aroused by a fear that the committee intended to disclose whether Ihere had been any pi^titeering in th.; rents of office and loft buildings. He said that, as the board previously had commended the committee's work, it "now has experienced a change of front." "To me the explanation is simple," said iMr. Untermyer in his letter. "While the committee was engaged ______ __ . jn tho teachers' salaries, as provided in the Lockwood-Donohue bill, for the last few months of the year (1920), Comptroller Craig contended that the Board of Education had procrastinated and had net made the proper demand on the Board of Estimate and the^ Board of Aldermen for the necessary \ppropriation to meet the increases. 'le declared that the. payment of the increased salaries consequently would be materialiy delayed to the "detri aiont and loss" of the school teachers. Mr. Pra'.l, president of the board, 'mmediatcly replied to the Comptroller, making a formal request for the $10, T7Sf,3l4 necessary to pay the increased f.alaries and declared that the; Comp? troller was trying to. pass any blame for de'ay to the Board of Edacation. Mr. Prall declared that there could be no valid excuse for delay in paying the teachers, and that the.Comptroller was the only one who could cause such v. delay. The teachers Were warned to "ccept checks for salaries on the old basis under protest. After some fur? ther squabbling and delay the teachers Inally pet their increased pay. The lat?st chppter in this history f school po'it:cs was the failure of (he ITylan ^dministratlon to appropri 'fce; the $27,000,000 needed to keep the -choo's running. """his makes it neces? sary for the Legisl''ture to tike action. ? ? Realty Men Ask Inquiry Into All Money Lending \nthor of Resolution Wants Lockwood Committee to Seek Brindells in New Field The Real Estate Owners' Protective' Association adqpted a resolution last night at the Hotel Majestic recommend ing an extension of the power of ine Lackwood committee so that it might investigate banks, lnsurance companies and other money-lenders. A copy will be sentto the Legislature. John H. Scheier, who introduced it, said he wanted to find cut whether the loan associations were "pawnbrokerV a?nd had "other Brindells and Het tricks" in their ranks. Ephraim Levy. a builder who ligured in the recent Backcr trial, opposed the resoluiion saying it merely would "stir up dirty water and 3iiud." Another resolution which was adopted nrged an increase in the bonds fur nl hed by Municipal Court clerk3 who have custody of rent money deposited with the court and an arran?ement so that when the landlords got the money they also would pet inlerest on it. Magistrate Joseph H. Sehwab, who in? troduced this rosolupion, said that the housing crisis'had passed and emer gency laws should be repea'.ed. Theater Safe Looted of $500 Burglars looted the safe of thf Hooper Photoplay Theater, South Kourth and Hooper streets, Brooklyn, Saturday night or Sunday morning and stole more than $500, ace rding to a report ma'de to the poiice. The robbers dug their way through the rear wall' of the building, force.1 the door of thc 1. ?-; office and rippod open.the safe. MtWa*nlUfc? iJ B*afRaaaWBLWaaaaWaaaWaWLWa^n , f Ljfa | |i ffSaXaWOBaWaaU A POUND Formerly 1.S0 Because? . we can buy sugar, - cocoa beans, liox board, etc, to? day at priceu within reason And? because our new candy factory. has given us in crea s!e d manufacturing faciliiies second to none. "4 A product worthy 0/ the name it.beqps" L in exposing blackmailing labrr leaders v/ho were' betrayTng tl e members' of their unions ? and crooked cntractors nd building material ? dea'.ers wh?> were-engaged in illega! combinations to boost the price of building the en thusi'asm and encomi:ms of l est gentlemen df the-Real Estate Board on ihe work of the committee kne.y n? bounds. The committee was t ?en the greatest thing that ever h lppened. "Within the last week the c.mmittee ha3 prepared and sent to the owners of the principal office and lo.t build? ing^' in the City cf New York a com prehensive questionnuire ca.ling up<:; them for balance sheets of the opera ti.ns of their buildings, and particu? larly for iists of leases recen:ly made by them and the' rents , roserved ir. these leases as compared with rents of previous ^fears. "The obvious; purpose of this. info*; mation is to ascertain to w.iai extfent these gentlemen have been pr-'litccr ing in rents. So long as the ioq liry was confined to the sniail owners of tenements -and to residential pr-jper ties tne committee had tae eari.es. support-of the bi? men, but since it appears that they may be affected the tide has turned*' You see, it depend: on 'whose ox is gcred.' Tne friends of yesterday may be the opponents of to? day. "A reference to the 1921 manual o" the -New York City Real |>tate B, ard, just issued, wilr tnrow aduitional light on the reason fcr this .change of heart, The influence and domination of the big financial interests in the Real E?-, tate Board are there disclosed by t:.7e lists of officers, goveruors and mem? bers." . t c" 31 in Piumbing Ring Enter Not Guilty Pleas 23 Individual s Give Bnil of $2,000 Each on Charges of Violaling Anli-Trust Law Twenty-threc individuals and eight corporations, all members of the Bronx Master Plumbers' As-ociation, who were indicted last Friday on charges of violating the Donne jj? ar.ti-trv.' law, as a.result of the Lockw<_< ~~~" m.ttae's investigation. ^T a^;*0** bef-.ro Suprerne Couri Just'-e^f** ve t-rday. Picas of not euiltv^0* ' entered- Bail of ?2,no0 w,, i !LWw? hy each indviuual. ' fu*^ed John T. H.ttrick, alleired n*^ o* the "'code of practice^ndlr81^ the p umbera are said to h.vVUfc* was among those indict"d w ? Ke<-' third ir.dictment againstHettr5*w th* ?n the disclosures of the r_i Med committee; Lockwoo* The indictments al'egod 0>st ?? tv ccmbcrl. 1919. tha dcfVd.nit?5j: snto nn agreement to refraia iw* petition with each other 'n th? ?*m' and instaling of plumbing suWfJ.1*)6 Bronx County; that they ag45Fft*" !* mit al bids for worj SSjffift Hettrick for approval, nnd that 4 to cent of the income of the defenji!*" wont into a genera! fund. one-f0BrH, 'I wh ch was paid to Hetl rick I0,rth ?f wThei?,ms and individuals arraigned V. F. Bernesser, Inc., 1156 u0(, . nue; Ma'akey & Co.l m "0, '*?_ Boulovnrd; John Richmond P',,~-'-"rn Ccntracting Company, 1739 To-Jirf^ '\enuc; B rnett W R^dd ComnanS il! East lGlst Street; P. R. Tally E'? Comnany. 1R7 East Ninetv-sixth s!t_> R-wan-Ma'ithant PlunibW fw?** 342 East 17^h Street; MafcusTgg ?rm. Inc.,^;.l East l<38th Street- G?? & Weiss, Inc. 512 Brook Aveinie-V ? Vcrnosser, Patrick Ma'akey. John Rv*' m id Barnet W R nld. Patrick W Tully, Joseph W. Rosvan, Fdward M.ii" thant Mo:m Marcus, William BaAta! Samuel G ass. Bcn ar.iin Weiss, Ja*S Dnrahue. 1335 Washington \Z, Michael Litvin, 43 7:. Third ffi Harry 1 itvm, 4175 Third Avenue- S"V ort F. Deichsei, oSlEast lS9th &S ne Duklauer. 221 East PiftvSg Street; Charles Mulie^ 1114 S*^ Avenue; Sam Minskoff, 1312 C'ii-on Avenue; Henry Sa'zmann, 3480 Thi?a Avenue; Alfred Beyradt, 759 Hwriit Place; Jacob Muller. 403 East i?2 Street, and John T Hettiiefc Justice McAvoy vienied a motion ta inspect tlie minutes of the grand inr. in behalf of the fifty-two nfemhtr ^ the Manhattan Master Plumbcrs' Asso! ciation. who were indicted some tim? acro. u" r^es?ixe^sn "ONE-ELEVEN" cidarettes qA FlNALLY NEW cigarette of highest qual? ity? offered at an unusual price because? We were able to buy certain fine types of tobacco formerly shipped across the Atlantic Ocean. Trade conditions prevented Europe from taking it?this was our opportunity. From this tobacco we have made One-Ele,en? your opportunity. 11 try than! GunrsnlnMl by 27*0 t/C rcuC&r^-q. ftt\Z*-ytJ&a>t*-' ?which means that if ym d-r-'t like "111" CiRircttes, you can get your tnuiiey back from tbe deziler ?m t^i.^ Tftfe week?before siock-iaking ?groups of Smart Winter Fashions are being closed oui regardless of former cost? . AS FOR EXAMPLE: Day and Evening Gov/ns Formerly to $295?at $5()?$75?$95?$|2S YOUTHFUL DANCE F^OCKS F?T?iy at $50-$58 Fur-tnmmecl Evening Wraps' Formerly to $950?-st $ j 25?$ j 65 to $45 3 Tailored and Costume Suits Formerly to $450?at $95?$125?$145 to $195 Day Coats and Slrcet Wraps Formerly to $350?at $85?*95 to $175 Sport Skirts?Formerly to $45?at*20 Hanc'made Elouses?Formerly to $15-$5-$8 Hats?Formerly to $50?at $10?$15 -Far Coats?Wraps?Scarfs?Sets and-i Separate Pieces are also included in these pre-inventory offerings, regard* \ less of former cost or value. j %