New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-03-20
GAS COMPANIES MAY FIGHT
II REPORT IT ALBANY.
Investigation May Be Delayed :
DaUies Talked of for Counsel.


[By TELEGRAPH TO THE rRIBUNE.I
Albany March 20-The Legislative Gas In
vestigating Committee adjourned after brief
meeting tonight without deciding on counsel
This was due to the fact that Senator Stevens
and Assemblyman Agnew failed to-day in New
York City to meet Julien T. Davies, of the law
firm of Davies, Auexbach g. Stone, who has
been strongly urged as counsel fer the commit
tee. Mr. Davies was out of town. but will re-
turn tomorrow. and his partner. Mr.. Auerbach,
has the proposal of the committee. The other
lawyer whose name has been prominently sug-
gested Is Charles E. Hughes. of the firm OF
Carter. Hughes & Dwight. No important action
was tsker by the committee. and 1t will proba-
bly, again meet tomorrow.
Word was brought to Albany tonight that
the gas corporations affected by the investiga-
ton were prepared to fight it. and had adopted
Or several months The lines Of the fight as
outlined tonight follows:
Questions involving the interests of the cor
poration both with reference to the Circuit In
vestigation and other matters are now actually
before the courts. 1t Is accordingly said that
the corporations. when ordered to produce their
books will fight this order, ON the ground that
such a production would materially affect these
cases now in court Such contention, backed
d
long litigation. in the course Of which time the
legislative commission would have to mark time
and the legislature would naturally adjourn.
The commission will proceed in the investiga-
ton under entirely new law. recently passed
to facilitate the Hooker investigation. which
grants to either branch OF the legislature the
right to punish a neglect Ito attend or be AK
amined as a witness before committee, or
upon reasonable notice to produce any material
books papers documents In a legislative in
vestigation. proceeding inquiry" This re-
ported intention Of the gas corporations to fight
will naturally affect the prospects of legislative
adjournment There has been hope expressed
widely that owing to the shortness of the time
for the investigation some sort of a COM
promise between the corporations and the COM
mission would be reached. by which an so
cent gas bill would be accepted by the corpora
lions, with a possible lower rate for municipal
contracts. The apparent intention of the cor
porations TO fight would Danish this prospect
The whole question Of the scope of the legis-
lative investigation commission is being care
fully discussed to-day. Senator Stevens de-
clared tonight that he regarded the resolution
as an adequate basis for including telephones.
Senator Malby agreed that there could be no
doubt, but others are less sanguine. Senator
Drescher, of Brooklyn, is considering measure
any duollioudi po"etS LII ehiS aiioS-
ton that may be necessary.
In the brief session tonight at which all the
of the committee except Assemblyman
Merritt of ST. Lawrence, who is out of the city.
were present Charles r. Hotaling, the SER
geant- arms of the Senate, was named as
alarms for the commission, ana
George NJ Shotwell, who is at present stenogra-
pher to the Senate Finance Committee, was
named as stenographer Mr.. Shotwen has
served on many important hearings. He has an
office at No. SO Pine-st, New-York.
Julien T. Davies, who is so prominently men
toned for attorney. is counsel for the Manhet-
tan Elevated Railway Company and the Brook
lyn Trust Company. He Is familiar inquire IN
Albany, and has frequently appeared before the
legislature on proposed measures. His law Of
Ace Is at No 80 Nassau-st. and his home at
No. II West 9th-st.
Late In the evening there was ruTnor that
the refusal of Henry w. Taft had not been alb
soluteIv final At one time the members OF the
were convinced that they had Sc
cured Mr.. Tafts services, only to be disappoint-
ed later.
At one stage there was some talk Of going to
or Baltimore to secure legal as
sistant with the advantage Of lack Of any pos
sible interest in connection with local affairs,
but this was abandoned, and 1t was decided to
confine the field to New-York City. and on this
Mr.. Davies is after Mr.. Taft the
first choice The commission will not go to New
York before Thursday. possibly not until Friday,
owing to the delay in deciding on a counsel.
No subpoenas have been served, no list of wit
uesses TO be summoned has been prepared and
until advice of counsel is secured the whole
actual programme will be left open. By to-
morrow the reply of Mr.. Davies may be ex-
pected, and on this the commission will meet
and take action. The various rumors that Gov
ernor Higgins made a flying trip to New York
Saturday night to advise with the commission
or any member on the gas problem prove to be
incorrect. The Governor went down to visit his
Frank Sullivan Smith, who is
ILL., He said to-day that he neither any
member of the commission in the city nor talked
gas with any one else.
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