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The New York herald. [volume] (New York, N.Y.) 1920-1924, March 24, 1922, Image 7

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Governor Suspects Trick
"and Quickly Signs Transit
Act Amendment.
Company Pleaded for Hear
ing as Plans for Rate In
crease Were Made.
Quaekenbush's Contentions
Meet With Charge of Dis
regarding: Obligations.
?ptctof Dispatch to Thi Is'bw Yoik Hsuld.
Nott T?rk Herald Burtn,)
Albany. March S3.)
By quick action in signing the tran
sit act amenrment yesterday Gov.
Miller has rendered void the petition
ot the Interborough company for an
wight cent fare. The Governor beat
the company by a few hours. While
pleading for a hearing on the amend
ment the Interborough lawyers wgre
ruahlng In their petition for an eight
eont fare. Suspecting a trick, the Gov
ernor instantly called off the hearing
and signed the bill.
Xot only did the Governor outwit the
Interborough and Its lawyers by block
Ins the last loophole through wlilcii they
panned to drag their ease Into'court and
*Un delay, but he seized the role of
champion of a five cent fare.
The amendment to the bill, fought
throughout the session by the Hylan ad
ministration, makes It impossible for the
transit commission to grant for one
>ear at least such an increased fare as
the Interborough asks. Had the Hylan
representatives had their way the
amendment would have been defeated;
the Interborough petition would have
tieen effective to-day and the transit
reorganication plan thrown into a long
and Involved court action. As it atoiids,
the Interborough haa not a prop left.
It is compelled to participate in the
comprehensive scheme and the city It
self has possession of the faro club.
The Interborough lawyers evidently
believed last night they had trapped the
Gvernor. They were dazed to-day when
I hey learned that an old law provided
that a measure becomes effective on the
midnight preceding the hour of its sig
nature. If the Governor had listened to
the appeals from the Interborough' for
'?fair play" and put off signing for even
half a day longer, the railroad company
would have won its technical advantage.
The Governor announced the signing
o. the bill yesterday afternoon after re
ceiving numerous telegrams 'from James
Jt <iuackenbush, counsel for the Inter
borough. asking him to withhold appro
val. Ho had previously agreed to give
a hearing on the measure Friday, March
31, but he became furious when ho
learned that Mr. Hedley, while asking
t.im to delay action, was petitioning the
1'ianslt Commission for an increased
Answering the contention of Mr
'Juaekenbush that the Transit Commls
/'ion could not enforce any order to im
prove service without granting a higher
'ire. the Governor declared that no such
contention could refer to the "intolerable
t ran.sit situation in New York city, for
which the companies themselves arc
1?r?ely responsible." He also reminded
Mr. Quackenbush that the courts have
Mil yet held that a public service corpo
vatfon can continue to enjoy its fran
' hi tic and neglect to comply "with ron,
fotinble orders to render xdoquatr
! trvlce."
Young Nephew of Secretary
Found in Pool Near Cali
fornia Home.
TVu.o At.to. Cal.. March 23.?Walter
' lr3?e. flve-ycar-old nephew of Herbert
Hoover, Secretary of Commerce, was
drowned to-day in a swimming pool at
tnc Hoover home here during a familv
I'Cimion. Dr. Ray Lyman Wilbur, pres
ident of Stanford University, worked
over- lilni three hours.
The boy came here with his parents.
?<lr. and Mrs. Guthrie Large of Mon
terey. His mother is Mrs. Hoover's sis
fer. Sen-ants found the child uncon
scious In the pool shortly before noon
Mr, Hoover will cancel engagements
to speak in San Francisco Friday and
Chicago Officially Aids Vain,
Fight for Life.
Chicago, March L'3.?Gwendolyn Ar
mour. 6. daughter of Philip D. Armour
3d, died to-day from a form of septl
cfcma during which the millions of the
Armour family, the skill of a dozen phy
sicians and a host of nurfes and the
resources of the entire city of Chicago
pro\cd unavailing.
A week ngo thn girl contracte.1 a
throat infection. The greatest physl
cianj In the Middle West and a stiff of
nurses were summoned.
As Gwendolyn's condition became
worse all traffio in that section of Uake
Shore Drivo was closed and policemen
were stationed all about the neighbor
hood to prevent noise.
Hurt In Automobile AccMrnt,
Now Unable to Stand.
Misa Dorothy Dcltz of PYeneau. N. .T ,
? student at the Normal School in New
?u.x. Is Hufferlng from injuries that have
tu?*r.led attending physicians.
She was struck near her home on
Tuesday night by an automobile driven
by the Rev. Harry Heyer of AVhltevllle.
Although bruised about the body physl
chu' ? found no broken bones. .Since the
a ident. however, she has been una Me
t.i :.i?nd iind the medical men cannot '
(?ecount for her condition.
Ml<< Deltl's fsmily Iih* exonerated ;
lit ? ftev. |)r. Heyer, ss tiff point where i
ti>' accident occurred was not well i
HM9it< d
(ununited from First Page.
the commission shall direct the com
i ?any to c?r? the default within ninetv
hE?" if the default be ,10t reme
died within such time, 'the city shall
thereafter be at liberty to enter upon
and as the agent of the lessee operate
tne railroad and equipment ? ? ? at
the rate of fare and Jn the manner pro
^ ided in the lease for the remainder of
the term.'
'** reminded Mr. Hedley in my letter
tnat on his own admissions in proceed
**f?re the State Transit Commis
sion. the interborough Company was
not fulfilling the terms of thi.s contract
Mnco that date nothing has been done
by the Interborough Company exoept to
inadvertently fur/ilsh further proof that
the contract is being wilfully violated
in the above particulars.
JJtlLCOmr>.a-,lY'a adm'?sions make the
violations of the contract on Its part
solely a question of law-not of fact?
and enables the commission on behalf
of the city to act forthwith.
Asks tor Quick Action.
"This being the case. X direct that you
immediately in proper form and fashion
call upon the State Transit Commission
1ls tI,e Ie?ral successor of
the Public Service Commission desig
fu I9?"tract x?- 3 to act as agent
of the city) to forthwith and without
even a day's delay issue the orders and
taKe the preliminary steps to start the
time running against the Interborough
Company in order to complete the nine
ty day period of default under Contract
NO. o.
"Such preliminary steps will rtpen the
city s present inchoate right to "enter
upon and as the agent of the' Inter
borough to operate the subway lines In
accordance with the terms of the con
"As a matter of law the city will b?
free to do this without being obliged
to carry the burden of the Manhattan
'!?' collateral agreement!or lease be
tween that company and the Interbor
ough which, at the expense o# the city
and of the traveling public generally
is rapping1 the financial life -blood of the
Interborough Company.
"Such a procedure Instituted by us
will rprotect every honest investor In
the Interborough Company, and at the
same time preserve the public rights to
a 5 cent fare under the contract."
Mayor's Letter to Bantou.
In his letter to District Attorney Ban
ton, the Mayor wrote:
The conditions In the mibway delib
erately produced by the Interborough
Company constitute a. menace to the
life, health and safety of the traveling
public and amount to a serious public
nuisanoa. ^
wiJJ"10*0*? herewith a copy of a letter
which I sent to Mr. Frank Hedlev
??.the Interborough, on March
J last on this point.
wiww0?Id "I!0. you to determine
: , v subject Should or
Jury submitted to the Grand
In sifting this matter it would be
t0 consider whether or not an
Unn an cornmitt-ed under Sec
Wira^? Penal !aw con
d,rftct your attention to the
Interborough officials
tnat seem to Indicate that
able conditions In the subway ire thl
result of a purpose to creaU a pub c
nuisance for the financial glln ol
?mj*ny. The continuance of these
conditions may constitute a continuing
conspiracy to secure a higher fire."
Call? Uw trnconstltntloiuil.
When the Transit Commission yester
day morning resumed Its investigation
JhouM^K* Wh}'? thp Interborough
should not be compelled to give a bette
act aPProved bv Gov
Miller Wednesday afternoon wa.s uncor
stit.utional "in that it deprives the
of<Z'?a?wf..th0 dU?
"The Legislature cannot so classifv
the poUce power of this commission." he
t h as u say that lf shaI> apply only
to those -who come in under the plan and
leave the situation, as it would ieem to
be this morning, that every railroad
company outside the city of NYw York
may go to the Public Service Con,m!,
? f0r redress while the Interborourh"
nas no tribunal before which it mav ~o
and must suffer consequently "
Mr. Sh?arn retorted- ???-?
stand, of course, that .Mr. Quackenbush
the* Exec u ti v e.61 The "no v rapid 5
wm alive to the situation a Ed" "acted
interest ,n the P4,Tc
- '"?nit!
tEuJS? flooded t0'day
?'ni6 commission iras advised bj its
Governor's signature had made law on
Wednesday, it was -without ipower to en
tertain the Interborough's petition for an
Increased fare and should reject It.
To Dismiss Plea Wednesday.
Chairman McAneny said the commls
! sion wouia act upon that advice. The
petition will be formally dismissed in
executive session, probably next Tues
Fred W. Lindars, chicf accountant of
the commission, testified that the Inter
borough for the twelve months -would
have had an operating surplus of $-80,
362 for the combined system, but the
Manhattan "L" incubus paused it to
show a deficit of $3,719,630. The sub
way division alone earned a surplus of
$1,552,305, but the elevated division,
eliminating the rental, showed an
operating deficit of $1,071,936.
Mr. Hedley, who followed and held
the witness ohair throughout the day,
was examined by his own counsel, Mr.
Quackenbush. He will comc under
Judge Shcarn's cross-examination to
day. Corporation Counsel O'Brien en
tered the hearing room while Mr. Hed
ley was testifying.
The Interborough chief placed respon
sibility for limited subway service on
the shoulders of the city authorities.
The city had failed to comply with its
contract obligations In the case of the
Belmont tunnel extension from the
Grand Central to eighth avenue, to re
lieve congestion in the Queens traffic
and Intolerable conditions in what Mr.
Hedley called the "Forty-second street
shuttle abomination."
Inspection Yards Held Up.
It had held up work for the develop
ment of necessary Inspection yards in
six different quarters of the city. His
company bad bought 800 new cars, but
for lack of requisite yard and inspection
facilities they have to be stored on the
center tracks and inspected by lying
under them exposed to all kinds of
weather. The Interborough itself had
financed various needed Improvements
at the Grand Central and Times square
stations which would not admit of delay.
On one item, which the city should
have paid for, his company had spent
$400,000. It had received the assurance
several years ago that it would get the
money back from the city. "And we
; are still hoping." said Mr. Hedley.
j Commissioner O'Ryan asked If there
was any claim by the city against the
Interborough that might be considered
as an offset to the company's claim.
Mr. Quackenbush replied: "I have
just had affirmed by the Court of Ap
peals two davs ago an order requiring
the city to pay the company $2,260,000
of the balance remaining on the original
contract No. 1 and we have claims
aggregating many millions of dollars.
No suggestion has ever been made of a
counter claim."
O'Brien Raises a Storm.
Gen. O'Ryan inquired If the Corpora
tion Counsel could explain why the
Soard of Estimate hns refused to pro
vide funds for contracts approved and
in their hands for months. This brought
Mr. O'Brien to his feet and a peppery
interchange developed between the Cor
poration Counsel and Chairman Mc
Ancny. Mr. O'Brien described the ses
sion as "an alibi meeting" and chargcd
that the commission and the Interbor
ough officers had arranged to throw
upon the city and the Board of Estimate
the exclusive blame for "deficient subway
"I mean what I say." Mr. O'Brien
-cried. "Tho testimony is being diverted
and tliis is nothing but an alibi meet
ing where everybody is trying to put
the blame for something on somebody
"Your light references to rlibi meet
ings," Mr. Me.Vneny said. "I presume
may be atken at their usual worth, but
as to the "
"Now, Mr. Chairman, I want to ?ay
this to you right here as chairman!"
shouted Mr. O'Brien In his (most com
pelling tones.
O'Brien Ordered Into Seat.
The chairman rapped sternly with
! his gavel and exclaimed: "You take
| your seat, Mr. O'Briem I"
"I want to put in my objection right
her*' to the sneering remark of the
i chairman," said the city's legal ad
viser. "I am not here by courtesy. I
nm here as a matter of right and my
statements, sir, are Important to this
?'Your statements." retorted Chair
man McAnsny. "so long as they refer to
matters of fact in this inquiry, will be
received gladly, but when you lapse
into your vernacular and persist In
bringing In language that does not com
port with the dignity of these proceed
ings, and when you throw about impli
cations that are distasteful to this com
mission. this commission will place its
own construction on what you say and
S. Altaian & Co.
Spring and Summer
The' most comprehensive collection
ever assembled in the Motor Robe De
partment is now ready for inspection.
The assortment contains every desar
able cloth, in coSors to harmonize with
the upholstery of the recognized
makes of motor cars.
Broadcloth, Bedford Cord and Whip
cord Robes, lined and unlined, may
be obtained at prices ranging: from
$12.00 to 45.00
(Department on First Floor)
fHaitinmt Aurmtr - Attrmtr
34th attr> 331ft Slrrrts 3irui ^ork
will sav what it chooses to correct you!
As to the matters before the Board of
Estimate, to which reference has bean
made. It is quite true that they have
been held up for more than a year."
"The Board of Estimate is not on
trial here!" protested Mr. O'Brien.
"Your business is to proceed to the
! hsart of this question of inadequate
subway service. For the reasons for
th.3 Board of Estimates transactions
you will have to refer to the records of
their meetings."
Mr. Medley stressed the high cost of
wartime labor and materials as having
been a heavy drain.
"We might "buy some new cars to
add to our present trains," he said, "if
the commission will find a way for us
to get the money to buy them and if
the city will give us yard spaco in
which to store them, as it agreed to do
nine years ago. We cannot hang them
up from the heavens."
A better service might be given in
the non-rush hours, the witness ad
mitted, "but our difficulty is lack of
money; we have to make our outgo fit
I our income."
: Standard trains are more than two
! city blocks long and it is common
I knowledge, he said, that middle cars
i often are crowded while end cars have
: plenty of vacaut seats. Hundreds who
i ride only short distances would rather
I stand than go half a car length to get
i a scat.
"It would be positively sinful," said
i the witness, "to spend money to give
! them all seats !"
It had been the company's policy, hp
said, to regulate its car mileage by the
question whether persons were found to
be standing for distances beyond two or
three express stations.
I-Ir. Iledley put in evidence estimates
prepared last November on the Inter
j borough's financial outlook for the years
from 1922 to 1926. The.so showed that
the Intcrborough probably will have a
net corporate dcficit of Jl,997,000 at
the end of the fiscal year closing June
.10, next. This prospective deficit is the
balance between a surplus on the sub
way division of $3.8S3,000 and a deficit
on the elevated dvision of $5.3SO.OOO.
The figures for 1926, however. Indicated
a net corporate income of $6,912,000,
the balance between a subway surplus
of $9.990.000 and an elevated deficit of
These estimates Included all flxed
charges that the company must pay to
keep out of a receivership. Mr. ITedley
said, including the full Manhattan Rail
way rental, the Interest and sinking
fund on the Intcrborough Gs. and the
8 per cent, on the $38,000,000 of out
standing refunding notes, but did not
include any return on the 4 >4 per cent.
| bonds.
The Dobbs Hampton
is a distinctive hat
for Spring that
proudly acclaims
its Fifth Avenue
origin-Seven dollars
Most versatile of dres*
gloves, the soft gauntlet
Centemeri Fielder with chic
?;orc effect and #trap
adapts itself admirably to
capricious sleeve fashion#.
Made by Centemeri master
glovers in Grenoble of
superb quality French
Rationale Kidskin?
la black or white, self
finished or in the tranchanl
style, and 13 colors.
Only 4 Saturdays
before Easter
400 Fifth Ave.
Netv York?Philadelphia
Grenoble, France
' 620 & 244 Fifth Avenue
Store Hoar*?9 to 5:30 yfTwjg. 1A ffl/. /// /J /Formerly A. T. Stewart 4. Co.
Stuyveiant 4700 SlUrfa / l/\ fUII ft/'/^^A/CoBroiJw>j at Ninth, New York
An excellent exam
ple of the well-known
tailleur ? black twill;
the etraight silhou
The "riding habit"
jacket of a navy blue
suit makes one think
of crisp Spring
Covert cloth, worn
in Paris again this
season, is here used in
a smart tailleur.
Navy blue, of (conrse,
for the Spring suit;
with narrow bias
bands for trimming.
of some of the new fashions in the Women's Suit Salons?a collection of
suits of great individuality for formal, trotteur and sports wear, made to our
order in selected fabrics, specialized in price. For many moods, hut always
in the tailored mode. ,
Dark brown tweed
for the Jackcft; rose
?nd brown check for
this skirt ? a smart
I-anvin. sponsor of
thr loose box eoat,
made tht? original of
this piqoetine suit.
Faris believes in
gaily colored knitted
wool for many things
?including suits.
A very new silhou
ette accounts for much
of the chic of this
twill suit.
Tweed hiking suits:
cape, jacket and
knickerbockers, with
a matching skirt.
Tweeds are smart
if correctly used, by
being perfectly tailored
and simply finished.
Wool poplin?much
used in Paris; gives ft
smartly soft silhou
ette to this suit.
A copy of a Cheruit
suit does much with
knife pleats, and navy
blue tricotine.
5;eond Floor, Old Building
jfranfeUn Simon * Go.
iA Store ?f Individual Shops
FIFTH AVENUE, 37th and 38th STS.
For Girls (6 to 16 years)
Polo Coats
plaid or Plain?
Of camel s hair
!Duplicate the
swinging lines
made fashionable
by the older girls'
TO have or not to have
a polo coat"?is not the
question?but whether to
have it soft natural tan
or plaided in bright colors
after the English manner
is a matter to be decided
after individual taste.
Other polo coats or capes in natural tan
or in tan, rose or Sorrento blue
with overplaids
18.50 to 45.00
Girls' Coat Shop?Second Floor
franklin Simon & Co.
tA Store of Individual Shops
fifth AVENUE, 37th and 38th STS.
For Children (<?" 6w-)
Two Straps ate \Plenty tyng Enough
To T{each the Heart of Every Qhild
SlZtS $)?! TO 10>i
The soul of the
strap fashion on the
Specialist sole! One
strap amuses any
child as long as an
ordinary shoe lasts,
and two straps will
amuse every child
as long even as a
Specialistshoe lasts.
Children's Shoe Shop?Third Fioor
Your want* and the wants of thousand* of other* aft
most quickly realized through Herald Want Ad*.
Herald QUALITY-QUANTITY circulation brings the
kind of Result! that arc most desirable. Telephone
Worth 10,000. ^
Sizes 5 to 8

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