New-York tribune., 1901-11-02
CALLS KE4RNY A WATCHDOG.
COUNSEL FOR ATLANTIC TELEPHONE COM
PANY ASSERTS THE COMMISSIONER
LOOKS OUT FOR BELL CON-
PANY INTERESTS.

Justice Clarke, in the Supreme Court yesterday
reserved decision on application made in behalf
of the Atlantic Telephone Company for writ OF
peremptory mandamus to compel Henry s Kearny.
Commissioner of Public Buildings, Lighting and
Supplies. to permit the company TO use the sub
ways of the Empire City Electrical Subway Com
pany Q1initetD wherever they exist or wherever
they may be built in the future for the purpose of
stringing wires. The company also wants permis-
sion 20 erect poles and string wires wherever the
subway does not exist
The Atlantic Telephone Company is said to be
owned by Senator William A. Clarke and Robert NJ.
Thompson, of the Oxford Copper Company. The
officers of the company assert that they already
have sixty-five thousand subscribers enrolled who
will take their service for at least five years 1t
plans for eight exchanges in the boroughs of Man
haitian and The Bronx and an annual rate of $40
year 10 subscribers. Public service rates will be
fixed at five cents a call and proportionately low
rates will be made long distance lines, they say
Assistant Corporation Counsel Blandy declared
that the company in its requests to Commissioner
kearny had asked for enormous and omnibus
powers. Mr.. Blandy intimated that Commissioner
Kearny wanted assurances that the new company
would not sell out to the Bell company soon as
its requests granted
Colonel Kearny,' said Mr.. Blandy. wants the
company to show an existing demand for its ser
vice and an assurance of construction He did not
want to extend franchise to any company that it
could use negotiable document. He wanted 10
know who was back of the undertaking.
What difference does that make to the city au-
thorites?' asked Justice Clarke.
They do not desire TO give permits carelessly,
said Mr., Bandy. The subways are already filed
to overfowing- The present company has $500
subscribers. and the company says ii will
start off serving 60 600 persons"
Does not that in itself show public demand?
asked Justice Clarke.
Il have my doubts about their holding 5000 con-
tracts. And the present subway has no accommoda
tions for such a system replied Mr.. Blandy
The city does not build the SuDwayS," remarked
the court. The Empire City Subway Company
builds them. Then why should the city object to
the permits?"
For the reason replied Mr.. Blandy, that the
city does not wish to the streets all torn and
the citizens inconventenced."
II StrikeS me that the streets are already In
pretty bad condition" responded Justice Clarke
Justice Clarke called attention the fact that
the law warrants companies in asking for the use
OF the subways, to which Mr.. Bandy reiterated
that all the commissioner desired n evidence
of good faith on the part of the company. He said
that the Corporation Counsel had instructed Com
missioner kearny regarding this. Mr.. Blandy said
that Corporation Counsel Whalens letter the
subject would absOlve Commissioner Kearny from
all charges of acting caprtCiously
Has the commissioner refused grant the per-
mits?' asked Justice Clarke.
He has replied Mr.. BIandy.
In Mr.. Blandy, William H. Stayton
said that the insinuations against the COM
pany gratuitous insults. He said that the
company not required by law to specify that
which the commissioner demanded
We have not made public the who hold
office with us simply because do not care to
lay them open TO bIackmail by the Bell Telephone
Company said Mr.. Stayton. Commissioner
Kearny has done nothing but to look out carefully
for the interests of the Bell company-carefully
guarded IL. to that It not laid liable to
blackmail This is the public officer who declines
10 see anybody or talk with the applicants"