New-York tribune., 1907-08-31
COURT TEST THURSDAY
NAY DISOBEY ORDER.
UM Determine Po7cer of Pubiit
SerzTcc Com mission.

The first court test of the authority OF the fuo-
lie Service Commission viii probably De ihsI1'"'1 =
ner+ Thursday Wednesday is the last day INC
In-ert,orough-Afe Metropolitan has 70 let the coiiii
sion know whether or it intends TO obey tne
order requiring it to permit an inVesuga'ioh "a - -
hooks papers and records by MarvYn oCu""ei' ~
exnert accountant, employed by William M iNii'7'
snecial counsel the commission IL Is ooi
ta,aa . Torepore conclusion that the merger viii
decline 10 allow MIR. Scudder TO examine It's DOCKS
lawyers for the company viii either inform the
u,;hljc Service Commission counsel on "eoIesuay
res 80 x5Il not ohey the order the ground that
The company is a holding and not railroao com
pany and hence that the commission mas no -,
5ic-icn over it, or else will ignore the order
In either case action by the commission VIII '0
rrornot lis counsel will at once apply 10 lhe ou-
orerae Court for a mandamus compelling the pro
.lur-ion of the books. The order must either "e
given or denied within twenty days
An appeal from il can then be taken to the Ap-
yellate Division where the case would De put III
1h. head OF the calendar. Mr.. WINS said that a
45na, decision should be had within seventy-fVe
days
Shopls The Tntert,orough Rapid Transit Company
or any other component part of the merger reius'
10 obey an order of the commission on the grouIu
-ha. IL was either advised ordered not 10 DO SO
hx the officers or board II directors OF the inter
borough Metropolitan Company itself, the o1lcers
and directors of the merger would under Secnoh
5s of .be Public Service act he guilty OF ms
demeanor.
paul ID Cravath. De Lancey Nicon, John I.
Davies Joseph s. Auerbach and George w WICK
ersbarn all Of counsel for the 1nterooroush-Met-
-onol,tan held five hour conference just before
the commission issued its orders AT TINS coillei
enre tt IS understood it was dehnltely oecloeo 'o
refuse 10 obey the order for the producuon OF 'he
hooks of the company. and then followed II Is
said a long discussion as to what shouio pe uone
ebou, -bA onerative orders of the commission III
IS believed that the lawyers finally decideo 10 oE
nose them strongly at the hearings tndi 'ie I'm
-o,es,on has ordered and will make every ehoi y |.
>. .,,o,- -l,a+ they are unreasonable, UNJUST ana
=. a. -rus hoped that the commissioners
- to ,r5uced 10 moderate them But faihns
,r this Z. IS believed that the lawyers h w
saed 70 advise the merger TO disooey 'hen-
70 ,h,s = done the question of the constitution
sYtv Of tfe public service act Will be inrneoateis
.nvolved. although st is possible ofhcials OF 'ne
o,rts.5or, think that the corporations lawyers
,.,- no. force the issue on that point IheE may
-seuea IN obey the order, holding 'hat IT. IL
-easonable unfair and unjust Whetnel " -
-, !. -1sa ss that could be entertained is a PureiS
legal question - - NJ N4co1,
had another long conference II Is oehe'eo '.,a'
,bis question was carefully gone over HUM Do
legal point Of view o so,b,.
= -ba co,stIturionality Of the bill. and IT is
,,,derstood that he advises making a test VI u
NOW He believes. il is said, mat Ihe 'oui =
would decide the bill unconstitutional ol '1o 80
b.o5 Mr. Cravath. following MS usual coSlOtA'
s.ss ncthins giving no indication OF MS views
on FIRE subject but il is thought tha' ne pc
1iaves in a rather more conservative poncy- IN
sesd of testing the constitutionalty OF the pubic
seryice act Il is believed he would Huch ralIleI
So tho validity Of its orders the ground or their
teins unreasonable. If orders Of the commission
coul6 be anuuIed on such basis, theh 'he gen
.1 ,-f,sor seems TO be that the effectiveness OF
,ba commission itself would be destroyed, ano
+.,e ,oonhole afforded the corporations would en-
able their lawyers evade giving ooedlehCe 10
the commissions objectionable orders
The situation Yesterday one filed with IN
certainty Mr.. wins did not care to discuss II al
al and both M Cravath end Mr. Nicoll left the
city early in the afternoon. declining however 10
sav anything before they went
Commissioner Wilcox said yesterday that the
commissions inquiry into the Interborough-Metro-
r,oIitan merger would be continued on "Wednesday
II had previously been announced that the next
hearing would be September 9.
Oren Root. jr.. general manager Of the New
York City Railroad Company, told Mr. Wilcox
Yesterday that he would be ready 10 go the
stand on "Wednesday Hearings Tfll also be held
cn Thursday and Friday Mr. WINS Will not go
into the financial end Of the inquiry then but VIII
confine himself 10 the transportation problems.
The hearings had been postponed because Of the
death OF Mr.. Roots father
Commissioner Wilcox left town last night for
the Thousand Islands. He viii return Tuesday
night or "Wednesday morning.
The orders issued Thursday served the
various corporations affected yesterday.