The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-08-31
INTER- met TO FIGHT ORDERS
NOT To COMPLY EASILY WITH
TRANSIT RETIREMENT RULES.

Ehm"t R8hhtst Fuuitc Serthct tDtnnttehion
IN This Matter and Also About Books
TO he Taken 90 Courts Decision MAY
He Had I'm Ten Weeks. Il Is Said.
The ACKNOWLEDGEMENTS company
Js preparing to resist compliance with the
orders the Public Service Commission will
issue next month for the improvement Of
the operating services of the subway. ele-
waited and surface lines. The company
also will refuse to give up It's books to the
commission. II was learned yesterday that
the counsel Of the company held a meeting
on Thursday and after comforting for sew
eral hours agreed upon a course of action
to be taken when the time comes Cor put
ting into effect IN orders OF the commission
just what this procedure will be could
not be learned yesterday from the COM
pany's lawyers for the reason that Paul d.
Cravath, De Lancey Nicoll and q. w. Wick
ershsm, who are the company's principal
legal advisers, had left town to be gone
over Labor Day. There is to be another
conference on Tuesday, when the reply to
the commissions demand for the Inter-Met
books will be drawn up.
In the order issued by the board on Thurs
day it was demanded that the books should
be produced not later than by next Wednes-
day. II was ascertained yesterday from
William NJ. Wins that when the formal
refusal Of the company to deliver up the
books is received the commission will
apply to the Supreme Court for a man
damus to compel the enforcement Of the
order. 1t Ia expected by Mr.. Twins and the
members OF the commission that the COM
pany will appeal on the ground that the
commission has authority over operating
companies only. and that az the Inter-
Met Ia merely a holding company the oom-
mission has no Jurisdiction over IT..
The settlement of the question will be
taken to the Court of Appeals and it cas-
said yesterday by Mr.. WINS that a decision
would be obtained from his court in about
ten weeks. 1t is provided in the public
service act that all cases affecting the
commission shall nave preference III the
calendars of the courts excel t in the case Of
election matters. The suit will be one OF
great importance for the reason that the
comoany's lawyers make NJ secret OF the
fact that IL il their intention to question the
oonstitutionality Of the act which brought
the commission into being
1t is the purpose also of the company to
fight the orders which undoubtedly will
be issued for increasing the number Of cars
run on The various lines controlled by the
Inter-Met. II is provided in the act that
where there 10 any question as to the reason
ableness OF an order issued by. the com
mission the courts can be appealed to.
1t is intended by the company to take ad-
vantage Of this clause. The company will
contend that under existing conditions
elevated and subway trains cannot be run
under less Roadway than they are o
operated and that without police regula-
tions for keeping the surface tracks clear
Of vehiculsr trafic the orders for the plac-
ing of additional cars on the Broadway and
Madison avenue lines cannot be com piled
with.
Although the company has the right Of
appeal from the orders the commission
may issue. II must under the act obey those
orders until the appeal has been decided.
Otherwise it will be subject to a fine Of IS 900
daily for each offence. II is provided also
that proceedings can be taken against the
directors OF an offending company for
mi sdemeanor.
The commissions investigation of the
local railroad companies will be resumed
next Wednesday. Chairman Wilcox said
yesterday that until the dispute rs to the
right OF the board to have access 10 the
Inter-Met books had been determined the
inquiry would be confined to looking into
the methods and conditions Of the operation
Of the different roads in the city.