New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-31
CITY CAN BUILD LIGHT PLANT.
OPINIONS OF CORPORATION COUNSEL AND E1JUDGE
S DILLON AGREE IN GIVING MUNICIPALITY POWER.
, o Ask for Court Bring officials and Books of Nes
5 York Edison Company Before Him.
CIRCUIT INQUIRY BEGINS.
Nesu-Y ork Edison Company OH
ciaLs IGNORE Sunnl OnseS.

The officials of the lighting companies VIII not at
tend Controller CIRCUITS inquiry into the hghung
contracts Nicholas T. Brady, first Vlce-presioehI
OF the New-York Edison Company sent the Con-
troller letter yesterday saying that the oclais OF
the Edison company would not submit to an IN
qusitorial examination OF its accounts
Henry Yonge who represented the Controller at
yesterdays beginning of the inquiry. said that on
Wednesday application would be made in Special
Term of the Supreme Court for an order compel
ling the company TO produce its books and other
records show why 1t should not be held
in contempt of court.
II shall endeavor to invoke the chancery powers
OF tho court" Mr. Yonge said
The witnesses who ignored the summonses were
Lewis b, Gawtry. secretary; H. w. Edwards audi
tor. and John Williams. the assistant treasurer. OF
the New-York Edison Company.
In his opening address Mr. Yonge said:
several witnesses from the New-York Edison Com
pany' wish TO state that sunInonses were seft t
cdmpany as a eorporaton' those witnesses wers
Messrs. Cavity Williams and Edwards.
The name of each of the witnesses called
Continuing. Mr. Yonge said
In the absence of these witnesses it will be i'm
at the present limo.
The hearing adjourned without date.
Mr.. Yonge asked what would be done If the COM
pany ignored order, and he replied that
they would without doubt be adjudged guilty of
Mr.. Bradys letter TO The Controller was as fol-
lows;
We have received your letter of the 2sth inst.
auestins us to appear before you today for the
or our claims for electric light furnished 70 The city
between January l, 1913, and March 16 1904. and 10
and other records showing the OF plant the
cost OF conducting our business the cost of produc-
in which the capital stock has been issued and gen
While We are at all times DESTROYS of complying
with the reasonable requests OF the city offica We
are advised that. under the present circumstances,
the company cannot be required, would it be
US to furnish exhaustive Information with reference
TO the private affairs OF the company and IT is the
opinion OF our counsel that under the statute pursu
ant TO which you acting. II was not the intent
in any event. 1t is be expected that any
poration Or individual would submit TO such an in
1t would seem to be useless to enter upon in
vestigaton of these claims at the present time
in view of the fact that you have given public no.
tee that you would net pay them, and that the
specified in your notice. and we claim payment Of
gated to us under contract IN which the price to
be Paid was fixed (all the statutory requirements
Commissioner having been fully complied with, and
and Witch. respecting the performance Of the
contract during the period in question:, 1t is our
view that you have not the power to inquire into
the cost to this company of performing the con
elusive against the city in the matter of price after
ITS performance by
Such examination you propose to make. If
otherwise authorized. would be extraordinary from
the conpanys standpoint. since litigation has &C
tualy been instituted and other litigation is threat
ened in which it is claimed that these very mat
tiers and question will be brought up for judicial
consideration and review.
Mr. CIRCUITS inquiry what there was of IL, began
at 2:30 o'clock in his Office in the Stewart Building
1t open door" affair, and the room was
full Of spectators. Henry Yonge and ex-senator
Thomas F. Donnelly appeared for Mr.. Grout.
Mr. Yonge stated that he wished to show that
the highest price exacted from the average Gus
toner was not in excess Of five cents a kilowatt
an hour. while the city was charged as high as II
cents for the service.