New-York tribune., 1907-06-15
COMPANY GAINS POINT.
TELEPHONE FIGHT UP.
atlantic Concern Gets FaUorablc
fiction an Estimate Board.

Matters moved along step further yesterday in
the fights of independent lighting and telephone
companies to gain to the conjuits. which at
present practically give monopoly to the New
York and New Jersey Telephone Company and the
lighting and power companies grouped for conven-
ience the lighting trust The Atlantic Tele-
phone Company which seeks franchise from the
city, gained point apparently. because 1t in
duced the members of the Board Of Estimate, sit
ting in committee of the whole and in the absence
of the Mayor, to recommend favorable action on
the franchise 10 the board, sitting a board, but
1t is hard to tell Just what the action of the mem
bers of the board amounts to, because several of
them said they would not feel themselves bound
by their vote in committee of the whole.
William J. Seton. secretary and general super
intendent of the Consolidated Telegraph and Elec
trical subway Company, speaking for his company.
issued what looked like a general defiance to the
Long Acre Electric Light ana Power Company.
The Long Acre company tried time to
get access for its wires to the consolidated sub
ways, not being able. under the law, to construct
any of its own, only this company and the En-
pire City Subway Company. the latter of which is
concerned in the telephone controversy with the
Great Eastern Telephone Company, allowed to
operate and maintain such subways. The Long
Acre Companys application denied by the
Consolidated company, and mandamus proceedings
were then brought These were carried through to
the Court of Appeals. aud. by a recent decision.
the Long Acre company gains the right to the
subways, The Consolidated company still refused
to admit the Long Acre to the subways and CON
tempt proceedings brought Justice Mccall
has reserved decision in these. but has said that
the excuse of the Consolidated that it had no room
in its ducts not sufficient.
Mr. Seton said yesterday that contracts for tn,
use Of conduts in and around 42d street. where the
Long Acre company seeks enter were made
long time ago, and that his company was being
held up in the construction Of new ducts by the
city through the Department Of Water Supply. Gas
and Electricity. Then he had something to say as
a dispute regarding the ownership Of the fran.
chise OF the Long Acre company, and said that this
matter would have to he settled. Altogether, he
thought. il would he some time before the Long
Acre company would he using the Consolidated
subways.
Ex-Jcdge Dittenhoefer, who represents the shee
pany. did not seem to be much Impressed by Nj
Seftons arguments He said his clients intended
of the Consolidated company
1t is just another case of the tactics for delay
that these companies engage in, he said III
seems almost impossible 10 make them obey the
We shall require them to obey the mandamus; which
their saving they have no ducts and not being able
on e s go Ng ,o6 T9k abeeT i hSa 5Sd nd Ee ov
their freight. Nandamus proceedings were brought
ended very quickly Until these people we're threat
ened with punshmen, for contempt and fe me ne
saving they had no ducts They merely said "s
Nlr sofron had denied allegations that there were
dummy wires in the ducts. make # seem that
the suhways were really full He said no one
could find this out. because they Couldn Z get into
the subways Nj. Dittenhoefer said this wasn't So
and that he had two afhdayts ot men who nag
seen the dummy wires. Judge pittenhoefer said
the talk about tile Long Acres franchise was fool
ish and had nothing TO 90 with the present case.
Al the Board Of Estimate hearing in the after
noon Edward NJ Grout and Martin W. L'ttleton
had their usua! Introductory quarrel Mr.. GTout
matter OF the Atlantic company application was
not properly before the board. and Mr. lifroto1
said IL II took them much longer than that 20
say but Controller Metz got tired. and said y
didn't matter. He went on to say that he would
for the franchise az once II he thought the
city getting what IL entitled 20. Nj
GTout said the Atlantic company stock Job
could carry out contract or not Mr. Litteton
replied hotly that II the contract not carried
out the company would be- the loser
There was some talk about proposed compensa-
ton to the city and the board then went into com
mttee Of the whole. The Mayor gave up the
chair to Mr.. MCGOWAN. and after more talk Bor-
ough President Ahearn moved that the granting Of
franchise he recommended 20 the board Mr.
Metz wanted amend the motion by making the
recommendation include that the franchise be
granted such terms as the board might decide
upon. Every seemed 10 think that the matter
would probably be settled that way anyhow. so
the amendment carried, the motion
Then the committe OF the whole turned itself into
the board again. and started 10 find the Mayor
He had gone home. the board. which didn't
/ IL on fc for consideration next week
The Retail Drygoods Association appeared at
the meeting Of the board and made plea for tele-
phone competition. Its represents tives said they
wanted of competition, though they
lidnt much who furnished II.