New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-03-21
GAS COMPANIES MAY FIGHT
# REPORT IT ALBANY.
Inuestigatiom May Be Delayed :
DaUies Talked of for Counsel.
[BY TELEGRAPH TO THE rRIBUNE.l

lBY TELEGRAPH TO THE TRIBUNE-j
| Albany. March 20.-The Legislative Gas In
| vestigating Committee adjourned after brief
meeting tonight without deciding on q counsel
This was due to the fact that Senator Stevens
and Assemblyrnan Agnew failed to-day In New
| York City TO meet Julien T. Davies, OF the Ia"
firm of Davies, Auexbach g. Stone, VINO mas
been strongly urged as counsel fer the commit
tee Mr.. Davies was out of town. but VIII re-
| turn tomorrow, and his partner, Mr. Auerpacns
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 takerl 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
a policy which would tie up the investigation
Or several months. The lines of the fight as
| outlined tonight as follows:
Questions involving the interests Of the cor
poration both with reference to the Circuit in
vestigation and other matters now actually
before the courts. It is accordingly said that
the corporations. when ordered TO produce their
books VIII fight this order, on the ground that
such a production would materially. affect these
cases now in court Such a contention, backed
by the lawyers. would certainly precipitate
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 an entirely new law. recently passed
to facilitate the Hooker investigation, which
grants to either branch OF the legislature the
right to punish a neglect 'to attend or be ex-
auined as a witness before q committee, or
upon reasonable notice to produce any material.
books, papers documents in a legislative in
vestigation, proceeding or 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 COM
promise between the corporations and the COM
mission would be reached, by which an 80
cent gas bill would be accepted by the corpora
tionsi 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
az an adequate basis for including telephones.
Senator MaIby agreed that, there could be no
doubt but others are less sangune Senator
Drescher of Brooklyn, is considering a measure
comforting any additional powers In this dlrec-
ton that may be necessary
$500
members of the committee except Assemblyman
Narrttt of St Lawrence who is out of the city.
were present Charles r. Hotaling, the SER
geant-at-arms Of the Senate, was named as
sereeant-at-arns for the commission, ana
George M Shotwell who is at present stenogra-
pher to the Senate Finance Committee was
named as stenographer. MI ShotWeA mas
sarveh on many important hearings He has an
office at No. SO Pine-st, New-York
/ ruIten r. Davies who is prominently men
toned for attorney. is counsel for the Manhat-
tan Elevated Railway Company and the Brook--
,,,, Trust Company He is familiar figure In
Albany, and has frequently appeared oelore the
legislature on proposed measures. His law OF
fee is at No. 81 Nassau-st anu MS hoil0 e'
No IT West 9th-st.
tate In the evening there was rumor that
tho refusal Of Henry w. Taft had not been alb
solr+ev Anal At one time the members or the
commission were convinced that they had Sc
cured MI. Taft's services. only to be disappoint-
ed later.
Az one stage there was some talk Of going to
Philadelphia or Baltimore to secure legal as
| ststant with the advantage of lack OF any pos
| sible interest in connection with local anairs'
| hut this was abandoned and it was decided to
| confne the field to New-York City, and on this
nroposition Mr.. Davies is after Mr.. Taft the
e-st 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 subpenas have been served, no list OF wit
| nesses 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-
nected. and on this the commission will meet
| and take action. The various rumors that Gov
! ernor Higgins made flying trip to New-York
| Saturday night to advise with the commission
or any member the gas problem prove to be
incorrect The Governor went down to visit his
brother-in-Iaw, Frank Sullivan Smith. who is
ILL., He said to-day that he neither saw any
| member of the commission in the city nor talked
gas with any one else.