New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-07-17
THE SUBWAY LITIGATION.
AIR. HESS WILL NOT BE A PARTY TO IT.

AIR. HESS WILL NOT BE A PARTY TO TT.
HE SAYS THE STATUTORY PROVISIONS SHOULD
FIRST HAVE BEEN EXHAUSTED.
TIE Board Of Electrical Control resolved ycster-
day afternoon into sort Of school OF instruction on tho
much argued point the difference in danger between the
uscs Of the continuous and alternating currents In
point Of numbers and in prcponderance OF arguments
the friends Of the alternating system were largely IN
tho majority. Tho continuous current system had for
It's supporters letter published some time ago IN an
evening paper, and roundly abusing alternating cur
rents; and lotter from Professor Henry L. Morton
uphodIng in part, the arguments OF tho letter Just
mentioned. To the unscentihc mind the arguments
advanced and the volumnous documents read are about
a Ineligible as sailors slang TO backwoodsman'
But for plain, everyday comparison, appreciate by
those uninitiated, tho alternating current may DO
iikened to a mule whose posteror limbs are IN Violent
action. Tho alternating current repels a body when
coming in contact with It, and is likely to send 1t
sktlngD into temporary nsensiblty, does the effort
Of an evilintentioned mule On the other hand, the
continuous current may DO compared to Whirlpool
When you get into It, there is no getting cut
There werc letters UNFOLDING the alternating or
shckings current from T. Carpenter Smith, s. c. Peck,
Marmaduke, NJ. NJ. Slatterly, c. @. Young, superin-
tendent of tho Mount Morris Electric Light Company,
and half dozen electricians and supernendents.
Mr.. Smith brought with him machine that LOOKS soinc-
thing like an old fashioned sausage grinder This thcy
call converter for with the Alternating
current. lie took the machine apart, exhibited It's
mechanism, consisting Of coiled wires safely
and packed in mica, with obong body OF thin sou
metal plates Of iron, each separated by cariboaiu
packing Mr.. Smith explained how HIS company used
this machine In various cities. DEPRESSING rom inc
immediate subject, he said that the conduits iau III
New-York were superior ia every way to those
used by him in Pittsburg and Philadelphia Win which
there had not been the least trouble President
Wit satisfaction, a
cable that has been ordered by the Brush company
for psc In the condus. There are eight wires IN H.
each securely insulated by being tightly bound with
tape saturated with an insulating liquid.
A short meeting of the Board was held preliminary
to adjournng to the lobby of walacks Theatre, where
the alternating current discussion took place.
letter from General Newton explained that he could
not the dead poles and wires as requested by
the Board, until ordered TO do so by the Mayor IN
reply TO a letter from the Corporation Counsel, III
curing II the Board wished to be represented In the
suit 10 be instituted against the United States llu-
minatinic Company President Hess sent this answer:
have received aidav!ts in the suit OF the Mayor Al
dcrmen and commonalty Of New-York VS.. the United
States Illuminating Company, and must respectfully de
cline to sign the for the following reasons:
Frst-My understanding Of the laws relating to ecctr-
cal conductors city Of NewYork is TO the effect
that it, is the duty OF the Mayor order TO the
Commissioner of Public Works to remove the poles and
from the surface OF the streets where IN the oph
Ion Of the Board OF Electrical Control sufficient subways
have been underground for the accommodation
Of the conductors of company and the COM
pany notified Of the same for the space OF ninety days.
Second-I believe that the suit which contemplate
in the premises owing to the fact that ala
the Mayor Aldermen and commonay of the city OF New
York desire render the Subway acts efficient they coud
have 80 encctually and easily by applying the
statutory remedy for dlsObedencc the requests OF the
Board Of Electrical Control
Thrd-I believe that the suit instituted by you is
capable OF Being prolonged indefinitely and places the cor
poTation which refuses comply with the laws referred
in the best possible position TO fight OF the execution
Of those laws against ITSELF and to find apparently law
full ways procrastinating and putting OF the consc
euences Its refusal to obey the will OF the people
Fourth-A suit for an equitable relief in a case whore
statutory remedy is e~eeaIly provided is hazardous
proceeding.
and acts Of a duly constituted Board liable be
reviewed and passed upon without the approval Of the
said Board, and without consulting the members
thereof their opinion in the natter does not 10
desirable mode of procedure in any action tend
ng the best interest Of the public and the
.orceIncnt OF Law.
Sxth-Thc refusal OF the local authorities q tie city OF
New-York apply the statutory remedy in the Of
the United States Illuminating Company where the said
company has been ordered for nearly year place t
wires under ground has resulted in forcing the Board Of
Electrical Control institute proceedings Of criminal
nature against the said company which now Ienlng
petition the Attorney ask leave Of
bring action the annunent Of the charter of the
said corporation, the ground that 1t has exercised
privilege franchise belonging it, and has o.
Tended against the provisions of law applicable the
said corporation The failure the part of the local
snthorito acting doubt under your adscc has put
back the OF the Board Of Electrical Control, in Ey
opinion, than year. and has rendered IL difficult
the Board carry the duties dcvolvcd upon 1t by
statute while it rendered the corporations which
affected by the relating electrical conductors
tumacou impuden impatient OF authority and In every
less disposed comply with the provisions 0; public
statutes
would gladly aid you, any public officer in bring
Ing about early practical solution OF the difficulties
met with by corporations who VIII obey laws,
but for the above stated consent willingly
To become party to the proceedings which you have n
stituted will OF NY yoliion do any thing which
may tend TO assist you in the prosecution Of this suit
by action appear encourage the substitution Of such
municipal authorities apply the remedial provisions Of
the acts which they themselves drew up and recommended
TO the Legislature FOR its action.
Tho papers in the suit to compel the United States
company to show why its charter should not be
annuled because OF violations OF the privileges
ferred In the charter will be argued before the At
tOrney General, in Albany, on July 90 Tho criminal
case against the company comes up in the Jefferson
Market Court Thursday of this week.
TO help 4 BOYCOTTED WORKMAN.