New-York tribune., 1907-08-29
MAY TEST P. S. POWERS.
APPEAL TO THE COURTS.
Action If Inter.-Met. Balks at Book
and Betterment Orders.

The Public Service Commission Il is said
thcrtty, will issue order TO the 1nterporoueil-
Metropolitan Company to-day 10 turn over i's
books to William NJ Irirs. special counsellor for
the commission for examination This action fo!-
lows the refusal to comply with informal re-
quest made by Commissioner WILCOX on Tuesoay-
II row seems certain that The merger Will refuse
20 obey and that by the end of the week the case
srin be IN the
The action should 81 be brought. afll not neces-
sa-ily be constitutionaty of the public
service ncf. rather determination OF the au-
thoriiy Of the commismsion over holding companies
Tie refusal of the Interborough- Metropolitan TO
allow Mr. WINS examine fits books is based on
the allegation that the corporation is holding
and not railroad common carrier, company
and therefore does not under the jurisdiction
Of the commission AS that body has decided TO
test ths pnint there IS nothing left but appeal
10 the courts. Counsel Of the corporation ~file
retcent about expressing their opinion feei conn
dent that the stand they have taken VIII be upheiu
That the commission will issue orders that tral-
<7c conditions shall be rernedied the conclu-
sion of the inquiry into the Interborough-Metro-
roI,an has already been told in The tribune anu
also that Chairman Wilcox. under whose dlrecuoh
and sunerrtsfon the inquiry is being conducted mas
decided 10 recommend TO the commission certain
measures which he beleves will result In the I'M
mediate betterrent. TO at least some extent OF u
traffic conditions they now exist
Mr. WILCOX il is said. viii probably MAKE ms ms
first recommendations to-day or Friday Ihey VIII
deal with conditions on the subway and elevated
lines AS soon a he submits them the coffiIis-
sion will adopt them and include them IN orue''
that Will be issued to the two Zines lhese oiuei'
mill cover the most noticeable complaints OF con-
ee.,on and IL IS believed that when they are car
rsed ont the citizens of York will see an iI1ne-
d,ate change for the better in transit % conui ~
In tie measures Chairman WILCOX VIII recoi-
mend he has taken into consideration the uaNei-
ling nublic and the companies affected His ann
has been TO be fair 10 both If the roaos Feiuse -
obey the orders the constitutionahts ol '
itself Will at once be involved III WAS pie p.,,
-....a., that court test Will be Instituted WITHIN
ten days. --,; r-se -
~, .-reo, that no test of the constitutionalL's VI
.se az. will be made until the oonl'nissioii 80
.o,,e order that will affect the company ma ma -
III all depends what the commission "aI'
,,a-ed q man who IS a personal friend OF fres. So
-r+. ~ the Metropolitan L DO iio'
believe tha. any corporation Will refuse 10 80
., order and thus force the issue until IL mas We
:. considers jtlst reason: that is un'i IL Is eei
a1ec,ed THIS view Of the situation seemed 10 oe
shared by the majority OF lawyers "ho i
following the situation closely
Chairman Wilcox and Mr. WINS were IN cohsui-
.ation the greater part Of the AFTERNOON seseeis
Neither cared say anything ABOUT tiieii oOiA
enoe but IL understood TO De resafuiie 10
peterborough -Metropotan's refusal OF the iniofn1ai
,ae, IN rern,It Nr WINS examine Its books
Il was also understood that they discussed the
course to pursue should the company oisooeS 'ae
order 10 be issued commanding the company ~
turn its books over 10 Mr.. Ivins's accountants
PAM ID Cravarh counsel for the merger would
not discuss the situation yesterday III is KNOWN
however that he believes the commission has no
authority over a holding company. and is some
what surprised that that body. acting presumably
On The advice OF Nj WINS or its own counsei,
should force an Issue this point But Mr. Will
o-s main object II Is said is to the matter
60 that he may know whether the commission has
the authority