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The New York herald. [volume] (New York, N.Y.) 1920-1924, April 21, 1922, Image 6

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Continued from First rage.
vnder the guise of a so-called 'unlflca- j
tion' plan.
"Since the largest contributors to the
Republican State campaign fund in
;:?20, when Gov. Miller elected to
i.fflce, were the leading stockholders
and bondholders of the New York city
l ractlon corporations. the anxiety,
through the Stale Traralt Commission,
to 'unify' all the city transportation
lines along the linoe proposed by them
hefore the term of office expired is not
"Oni-c B. It. T. Attorney."
"I am not surprised at the Governor's
tono of desperation In his si>eech when
I recall that he was tic paid attorney
of the B. R. V. in Its action in the
Supreme Court here to compel the city
of New York to pay that Corporation
nearly $2,000,000 on a 'prior determi
nation' account (for interest, commis
sion, Sic.) through whlcl) the B. R. T.
claims to have paid its banker*. Kuhn,
i^oeb & Co.. for having raised $40,
000,000 to fulfill its share of the Me
.\ncny dual subway contract, before
that company actually needed the
"I am not surprised at the Gov
ernor's apparent desperation, as indi
cated by his speech, whet) 1 recall that
he appeared before the Court of Appeals
after he had retired from that august
judicial body to secure the reversal
of the conviction of John J. Pempsey,
traffic superintendent of the B. It. T.,
who was convicted in the lower court
of violating a Public Service Commis
son order.
"Nor am I surprised fit the apparent
tone of desperation In the Governor's
speech when T recall that in 191<>, soon
after he retired from the Court of Ap
peals bench. Gov. Miller, then a prac
ticing attorney, was selected by the P.
T!. T. as arbitrator in some Important
matters, and that at that time he ,
engaged T-lndley M. Garrison (who wan
subsequently appointed receive;* of thr j
K. R. T. by Federal Judge Mayer) as
'neutral arbitrator' and they both re
ceived handsome fees from the B. R. T.
"(Incited IfIfcher Fare Bill.'*
"I am not surprised at the Governor's
apparent desperation over his failure to '
induce the Board of Estimate In this
rity ?o view the traetlon situation as he
does, when T recall that in Fehruary.
1919, he appeared before the Legislature
In Albany a* tv paid advocate to urge
?he passage of the Carson-Martin higher
fare bill. In this connection, I refer to
si it article published in the New York
HirWd February I. 1921, which
charges that Alexander H. Cowle of the
Syracuse law firm of Hiscock, Poheny,
Williams & Cowle drafted the Carson
Martin higher fare bill and that he
(Cowie> is the 'chief lobbyist for the
traction interests at Albany.' The
World in this same article says:
"'Chie* Judge Frank N. Hiscock or
the Court of Appeals, who used to head
Bowie's firm is the close personal friend
and adr'.sor of Gov. Miller, his golfing
.ompanlo" and generally reported to
have h?cn on- of Mr. Miller's chief in
dorsers for the Gubernatorial nomina
tion. The legislation which Cowle*
firm drafted forms the backbone or
Governor's traction message and pre.
posed higher fare bills, delegating to
the Public Service Commission power f
r-brogate subway contracts and trac"on
franchises in New York city and taking
control over -?te fixing from the Bonrfl
of Kst'mata Cowle. who has directed
the higher fares drive at the capital ,
"sine* 1"1S. "ucceedcd In 1919 In blud
geonlnr a bill through the Assembly and
this year ?' viroreusly promoting Gov.
Miller's alleged resurrection ot the
Carton-Mn? tin Increased fare plan.
Th? Cesrte firm was paid for
promotion of the increased fare legis
lation desp'te the assertion of J. u.
Quackenbus*. counsel for the Tnter
borouph. that he would not countenance |
i?r permit emnloyment of lobbyists.
"The w or/'* then shows that that law
firm refle've* *15.259.83 from the I. R.
T? and tJint this sum was charged to
'operating expenses' by the Interborough
"r?re? Higher Vp-Stale." |
"I ajr> not surprised at the Governor's
apparen* desperation over the traction
sltuatio" in New York city, when I re
call that in nearly every city and town
up state carfares have been Increased
during the last few years, and to-day
7. 8, 10 and 15 cents, where previously
the fares were 5 ccnts. while in the
? wy of New York the fare still remains
5 cents on all transportation lines. In
spite of the fact that hundreds of thou
ands of dollars have beer spent by the
fraction c.rrporat'nn here for legal ser
vices, legislative assistance and In other
wavs to secure a higher fare.
"An increase of 3 cents carfare In
New York cltv means a total of $60,000,
000 a year adde<" to the revehues of the
traction corporatfetui, out of the pockets
of the people of few York city.
"I am not surprised at the Governors
apparent desperation as Indicated in his
speech vhen I recall that the f-tate
Transit Commission, appointed by the
Governc, was created by the law which
he sponsored and promoted, known as
the Knlght-Adler bill, which the Board
of Estimate so vigorously opposed In the
Legislature at Albany. This State
Transit Commission, of whlcl* Mr. Mc
Anery Is chairman, lias thus far been
tinaWe ?o sai'dle higher fares on the
t eople of New Vrrk city through its so
called barometer plan of 'unification.'
and the commission has rtnly until the
end of this year to try to put Its pro-,
gram over, unless Gov, Miller Is re
"I'nlfleatloi* Mast Fall."
"The Oovernor's State Transit Com-!
mission plan of "unification* must fall,
because It is utterly Impracticable on the
basis of a 5 cent fare and because It j
Is economically unsound. The people
have spoken on the Governor's Transit
Commission plan, and their answer Is
overwhelmingly agalni*: It.
"Go*. Miller's speech was delivered
with appropriate setting. At the guest
table alongside the Governor were Will- |
am C. Breed, partner of the Albany rep- |
resentatlve of the t. R- T.; William
Ijeary, Republican politician, secretary
and press agent of the Governor's Port
Authority Commission: Frank A. Mun
?ey. publisher of Tub Nbw York Hicham)
and tvTtvivo Stm devoted to the friend
ship of the Interests; Charles I). Hlllcs,*
Republican polltlc'an and former chair- ,
?nan of the Republican National Commit- !
tee Willlnm K. Vanderbllt, who holds
mattv millions of traction, railroad and
other utility securities; Henry R. Towne.
president of the Merchants' Association,
which appointed a committee and spent
many thousands of dollars more than a
year ago In urging a higher fare on New
Vork city traction lines; Cornelius N. |
Hllss. Jr., whose father was treasurer of
the Republican campaign fund lt^ the
days of Mark Hanna, and Messrs.
G?"rge McAneny. chairman of Gov. Mil
ler's State Transit Commission ; I/eroy
T. Harkness, his associate In office, and
William A. Prendergast chairman of
GOV. Miller's Public Service Commission.
.Conan Doyle
iWhcre thf Pavement
by.Jb/in Russell
thTnejt book of viort itorieaj
which deals with utilities rates aside
from transportation.
"It is evident to me that the Governor i
and his Transit Commissioners realize
the futility and hopelessness of their so- j
ealled 'unification' plan and that they |
now intend to evade .responsibility anu j
eet from under. The people, however, |
will not permit them to do thin, because
they fully understand the extent to |
which the. Governor and hi* Commission- ,
crs have already gone to foist this plan ,
upon them, which plan is only a bizarre |
combination of obsolete surface railways
and higher fa>os. i
? In order that the public may prop
erly appraise the value of Gov. Mil- .
ler's statements I will reply to them
in detail. I
"Tho Governor says, after referring j
to the Board of Estimate's attitude on
certain contracts tendered to it by the |
Transit '^Commission: 'Now the nuty ,
to pass upon those contracts i? min- j
isterial. 1 have no doubt that a tux- I
payer, certainly is party to tho ^ con- |
tract, could compel action. ..." i
Mayor Cites Deelnlon.
"The Governor is in error. He should ,
know better. He should read the Mat
tor of McAneny, '-*>2 N. Y., 377-389 (where I
three judges reserved the question of1
constitutionality on certain phases of |
the transit law), but where tho pre-1
vailing opinion explicitly states: "I he
commission is not authorized to make
any new contract or modify any con- |
tract for tho construction, equipment,
maintenance or operation of the rail-!
roads or any of them without the ap
proval or consent of the local author- j
ity, where such new contract . . . !
requires to carry it out. the authoriza
tion by the local authority of |
corporate stock or bonds. . . .'
"This power is not merely 'min- j
isterial,' it is absolute and vests dis- j
cretion in the Board of Kstimate with
respect to rpany particulars, among
others, price, plans and specifications,
form of contract, &o.
"One of the reasons for the rejection
by the Board of Kstimate of some of
these minor contracts was because the
prices became excessive, some of thetn
being as much as 35 per cent, above 1
present market prices.
Alamos Companies for Service.
"The Governor says that for the last
several years transit facilities in this
city liavo been 'going backward and
meanwhile the travel upon these lines
lias been increasing at the rate of 4,000
a day.' I
"I agree with the Governor that the !
number of passengers can-led daily dur- I
ins the last several years has Increased ]
and that transit facilities have been
Agoing backward.' but this Is only be
cause of tho failure of tho companies
operating the city's subways to provide
adequate service and because of the
failure of the Transit Commission to
compel it to do so.
"It is because of these failures that
T Instructed the Corporation Counsel to
begin proceedings under the city's con
tract with the Interborough on the
ground that the contract has been nulli
fied by the Interborough company Itself.
The Governor's State Transit Commis
sion seeks through its so-called plan of
'unification' to continue the Interborough
i?- operation of the city's subway lines
nnd protect the Interborough from the
result of its admitted contract viola
I,ay a Profligacy to McAneny.
"The Governor says: 'The cltv now
has enough frozen credit in the subways
securities . if they conld be released and
if that ordit could >e converted as it
were, into a rcvolvthg credit, to financo
indefinitely all of the extensions and
new lines that will be needed to meet
the growing necessities of the city.'
"It is because of the terms of the dual
subway contracts, engineered and spon
sored by Mr. McAneny in 1913. when he
was chairman of the Transit Committer
of the Board of Kstimate, that this
'frozen credit' exists. It Is because of
the profligacy of Mr. McAneny In thes -
contracts In favor of the opera^ng com
panies and because of his improvidence
with regard to the city's financial wel
fare that the city's $300,000,000 invested
in these subways is not earning a dollar
interest and that $10,000,000 a year in
terest must be provided by the taxpay
ers and rent payers of New York city
through the annual budget.
"The Governor says that the 'city ad
ministration was equally wrong, first in
proposing to scrap the facilities of which
there was public need, and. second. In
proposing to substitute others which
there was no means to provide, even it
"Itnsea Wonld Come First."
"The city administration does not pro^
nose and never has proposed, to 'scrap'
transportation facilities until it has sub
stituted other, better and more modern
facilities In their place. We have tried for
the past three years to extend the muni
cipally operated bus system In this city
but each time we have been prevented
from doing this on the proper scale with
city owned busses by an adverse and
hostile Republican Legislature,
luted by the opposition of the tract'""
corporations through their lobbyists and
leiral representatives in Albany.
"The Governor says: 'The present
Transit Commission in fact have no
powers which were not already possessed
and exercised by Us predecessors.
"This' statement is not correct, ne
rause no previous Public Service Com
mission. which Is the predecessor of the
n resent Transit Commission, had any
power whatever to make contracts for
lhe acquisition of private nnes w thout
I he consent of the Board of Intimate
The Knight-Adler hill, which
the present. Transit Commission, and
which was sponsored by
himself, assumes to confer this power
and the jtower of rate making on
commission, depriving the Board oC
Kstimate of those powers, and ow?
confers on the commission the power ot
abrogating traction franchises.
"The city administration contends
that tho powers conferred on this eorn
mlssion are unconstitutional and It
hired eminent counsel to sustain this
contention and to prevent the Gov
ernors Transit Commission from un
loading on the city all the worn out
surface lines at inflated prices and to
operate them on the basis of a g*aran
Hylan on Job to Stay,
His Reply to Governor
MAYOR HYLAN is on the job
to stay he announced yes
% terday In an address at the
luncheon of the Bronx Board op
Trade. As there have been no ru
mors of his resignation, the 400
businosii men present took the an
nouncement to be an answer to
Gov. Miller's warning of "drastic
action" because of delays in award
ing transit building contracts.
Not once did the Mayor refer to
Gov. Miller or to Alfred E. Smith,
former Governor, both of whom did
not hesitate on Wednesday to men
tion him or his administration. He
"I have been on the job. 1 am
still on the Job. I have been hired
by the people of the city to do a
certain job, and I am going to do
that job and remain in office till my
term expires."
teed retJrn to those who will receive
city bonds In return for their present
holdings. . .
"The Governor says: 'The people
have had an opportunity for a year to
judge of the work of the commission
and I think the people themselves are
quite able now to pass Judgment upon
the charge that was made that the
commission had been delivered over in
advance to the interests." ?
"The people have judged of the work
of the commission and they passed ,
Judgment on. the commission, its labors
and purposes when they voted last tail .
to reelect the present Board of Estimate
in opposition to the Governors 1 rain- I
Commission by the largest vote ever
cast for public officials elccted to any
office in this city.
"Hn* Obstructed Hlltbrr F"are."
"The Governor says: 'Anybody can
Obstruct. It requires brains to construct,
and If it had not been demonstrated a
year ago that It was necessary to curb
the power to obstruct then that demon
stration has been mado within the past
"If the city administration had not
obstructed the efforts of the traction
corporations for a higher fare during
the past four years the people of >ew
York city would now be paying seven,
eight and possibly ter cents carfare and
the traction Interests would have ob
tained an additional revenue from
$40,000,000 to 1100,000.000 a year out of tho
people of tho city for car fare alone.
"There are some men in public office
whose 'brains' are so acute and so re
sourceful that their services are sought
by large corporations, particularly pri
vate utilities corporations. Brains should
supplement, not supersede, service in
the public interest.
?'Deprived of Representation."
? "The Governor says that the 'plan'
of the State Transit Commission 'pro
vides for city representation on the
"Board of Control"!'
"Such representation, which was in
the minority In the original law, was
changed at the last session of the Leg
islature find the city is now entirely de
prived of representation on the so-called
"Board of Control,' which is part of the
State Transit Commission's plan of j
'unification.' Tho Governor himself re
cently signed this bill which deprives
the city of such representation.
"The Governor says: *1 have no doubt
'All Roads Lead to the'
M M 428 Columbus AvrTstit"'
will Sell nt Public Auction
TO-DAY, (Frl.)? 2 P. M.
also To-morrow, (Mat.), came hour
By order of New York's
Largest Cash Dept. Store
and several important estates
Works of Art, Pianos, Furnish
ings for Living Room, Dining
Room. Library and Halls,
Oil Paintings, etc.
Note: 75 Oriental Rags & Carpets
SOI,D TO-DAY, 4 P. yi.
On exhibition up to hour oi Sale
Important Foreclosure Hale
This Friday, at 11 A. M. ,i
and To-morrow (Sat.) at 2 P. M.
At 52 West 52nd St.
Sumptuous Furnishings
and Rare Works of Art
Superb Htelnway t.rand Plover Piano,
d'Aubuison and Orients Rugs
and Carpets, Tapestries, Etc.
A Collection of 57 Paintings
Including examples by
Geo. Inne&s dlmenez Jan Steen
Henner J. Callfano Itlblera
Kelt* Zlom T. Ixjngardl l)r Haas
Francesco Tennl. Holbein and others.
Note?Books. Rub* nnd Paintings will be
sold on Saturday.
Catalogues at sale -No flue displayed.
Sale Today, 1.30 P. M.
Also Tomorrow, Name Hour,
at the (iaflerle* of
Fourth Ave.
Artistic and Valuable
On View t'ntll Hour of N.ile
WALLACE H. DAY, Auctioneer.
J'Second Session This Day at 2 P.
/ Continuing Saturday, same hour
The Luxurious Furniture and Valued Art Works
of the Colgate Estate
AUCTIONEERS Rroidw y and SCttl St test
by order of WMl'am Murray Colgate
HI *1 HttON/KN *NI? < !,?( K KKTS. IMi.l lHMi TWO
fill Pilntlnvt nml Pnnetn Moor nntl Tahln Mrr
"" i d I II I I II H S trnllor* Molld Xllyrr l'"1n<? C hina Khcflleld Hiirc ?
i.lmmur* maii% i nunial In-lhlriiial <rl '(?ti|prl? -Ui m -llfil Hru< wt? l<*r?
Curtains and Mlk and Cut Vrlnor llnnflnn -< tirln Oililmh ? Pert coital* anil
Mnrlilo Statuary
oppoirrtnitv for art dkai.rrm aw coiifxtor*.
CtilnlfiKMCH at lh?- Mnlr. H. VAN BRINK, Aarllnnrfr,
that private ownership of public utili
ties properly regulated is likely to be
more efficient aVi more economical.'
"There has been no such thing- as
'proper regulation' of public utilities in
this city by Public Service Commissions
or by tho State Transit Commission ap
pointed from Albany. For this reason
the people of New York city are paying
an excessive rate for the ust of gas and
electric light in tills city- They aro not
paying over fivo cents for carfare, not
because of 'regulation' by tho State
Transit Commission, but on>y because
of our opposition to their attempted
regulation upward.
"Fare Mere la Five Cents.*?
"The Governor says: 'Tne people are
now puylng five, seven, ten. twelve, fif
teen ami even twenty cents for what
formerly cost five cents."
"The Uovernor's statement is incor
rect. The people of this city aro not
paying more than fivo cents for trans
portation service on the subways that
formerly cost five cents. New York city
Is th<> only large city in the State of New
York where the five cent fare still pre
vails. Ho?hcr fares are paid in vir
tually all up-State cities, even in tho
Governor's own home town, Syracuse.
"The Governor says: 'Tho companies
say that they cannot render improved
servlco without an increased fare; and
they liavo suddenly discovered that the
Mayor was right in asserting that the
act was unconstitutional. Well, if they
cannot render tho services which they
are under contract and franchise to
render, there is an alternative, and that
alternative Is the acceptance of a plan
of reorganization under which maximum
service at minimum cost can bo ren
"The Governor Is mistaken. There is
another alternative, and that is to sur
render the contract to tho city so that
the city may undertake operation as well
as ownership of the subway lines. This
is what the city is ready to do. and the
members of the Board of Estimate are
ready to stand by rne to either compel
the operating companies to live up -to
the terms of their contracts or to sur
render their contracts to the city for
operation on a five cent fare.
"The Governor says: 'There are cer
tain fundamentals that, of course, must
be observed. One of them is that the
present situation of conflict between, pri
vate and public interests, which results
In impaired service to the public, must
be put to an end.'
"The way to end this 'conflict' is to
direct the State Transit Commission to
order the subway operating companies
to give proper and adequate service, as
provided in their contracts with the city.
The State Transit Commission alone has
thin- power. The Hoard of Estimate has
not. but will insist that such service be
"Whatever threat may be contained In
the speech of the Governor need riot be
considered until the Governor cither j
himself directly or through some State i
agency attempts to override the rights,
powers and duties of the Board of Esti
mate or other local governing body o>
official in this city. The Governor's chal
lenge contained In his threat will then
be acceptedand a test made whether the
Government by coercion and bludgeon
or government by law will prevail in
the State and city of New York.
" 'Threatened men live long." I have
been threatened before. Two years ago
the Interborough crowd threatened to
seek my removal, and they prepared
procedure to that end. Sinco (hen the
public has passed judgment on the Tnter
borough. the State Transit Commission,
the Governor and myself. I and my
colleagues will continue to serve the
public interest without regard to
Calls Gov. Miller Arrogant in
Trying to Rule City as Did
King George III.
Gov. Miller was likened to King
George III. by Comptroller Craig last
night in a statement in reference to the
intimation of the Governor that It might
become necessary to remove Mayor
Hylan If the Board of Estimate con
tinued t? obstruct the work of the Tran
sit Commission. Not since the days of
the English ruler had such arrogance
been displayed toward the city of New
York, Mr. Craig asserted.'
"Removals, like charity, should 'begin
at home,' " said the Comptroller, insist
ing that the Transit Commission was
really responsible for the delays in the
Fourteenth street subway, and "if in
competency is ground for removal that
Is tho place to begin."
He referred to the "indecent service"
rendered by the traction companies and
blamed the commission, which, he de
clared, should be abolished as being in
Comptroller Craig said in part:
"Economic conditions', have changed
yore rapidly than tho Transit Commis
sion can function. The result is that
the larger traction corporations to-day
see a greater prospect of prosperity at
a five cent fare under their own man
agement than they have any reason to
v Consider the Law of Chance
Some people have become rich in promo
tions, buying oil stocks and backing wildcat
ventures, but they are few and far between.
A thousand lose where one wins, bat
you hear chiefly of the one who wins.
No one who has invest*? in our mort
gages, with payment of principal and inter
est guaranteed, has ever lost a dollar.
They are not investments for the spectl- '
lator. They are investments for the man or
woman who wants his or her money back
in full with a good rate of interest.
.Those you buy now will pay you 5^>%.
Bond & Mortgage Guarantee Co.
Capital and Surplus $12,000,000
176 Broadway, New York
175 Remaeo St., Brooklyn. 350 Fulton St.. Jamaica.
(jxpoct under tho control of euch an
incompetent body as the State Transit
Commission with a 'flexible' faro. A
'flexible faro' i# no better than a 'flexi
ble' commission. The traction com
panies prefer a 'flexible' commission
to a 'flexiblo' fare1.
"Gov. Miller expresses concern over
the non-completion of the Fourteenth
street-Kastern District line. The Pub
he Service Commission, which was th?
State agency that executed the dual
subway contracts for *he city pf New
York, agreed to have this line com
rleted and ready for operation on the
first of January, 1M7. More than five
years have elapsed since that time and
It is probably no exaggeration- to say
that the line is not much more than
l:alf completed at the present time.
"It will be remembered that <Jov.
Milker before his election was special
counsel to Receiver Garrison of ?ti?
B. R. T. lines, but the reoords may be
searched in vain for any complaint from
Counsel Miller regarding the non-oom
pletion of that line to be operated by hie
IT ^
And even then the copper roof didn't leak
This test was made with forty pp\inds' pressure of water at
short range. They deliberately tried to force the water through the
joints. But no evidence of leakage could be found after this test.
"Ah! but that was a new roof," you say.
True! But a copper roof never grows "old" for service. It
does not rust. Sun, rain, intense heat or cold makes no difference
to the "life" of Anaconda Copper Roofing. Many copper roofs
in New York are a hundred years old. Some abroad are centuries
old?and are as good as new toddy.
A copper roof is not expensive
Because of the form in which Anaconda Copper Roofing is made,
the cost makes it accessible to all. It costs less than tile or slate. The
price of copper is low enough to make any home-owner consider it
No one questions the value of copper for roofing. One big ex
pense in the past was in construction. Now that has been overcome.
Anaconda Copper Roofing is being produced in great quantities
and in forms that bring the price down.
What does a copper roof look like?
Anaconda Copper Roofings are made in shades of reds, browns,
greens, and blues to harmonize with any surrounding color scheme.
Though they are the lightest roofing material that can be used,
their construction gives them the appearance of thickness, which
is the chief beauty of heavy wooden roofing. /
If there were no reason other than beauty for choosing a roof,
copper would certainly be the first choice.
You can find out for yourself
There are many other good reasons for the use of copper for
your roof. If you need a new roof on your old house or if you are
planning a new home, come and see us. Let us figure with you
and show you why you should use copper roofing. If you are un
able to come in, write for a free booklet on "Copper Roofings."
RED, Autvmn
BLUE. Petceck
? int. An?o*n4? C?p#?r

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