New-York tribune., 1910-06-01
WOULD WILCOX GELOUT?
Not to Please Guthrie. Lawyer
for Third Avenue BondhaIderS.
COLLEAGUES END CONFLICT
Public Service Commission Is
= Opposed 90 Internationally
ths New Company.

Conflicting .surrents vibrated thesair at
the hearing vesterday before the Public
Service Cornmi ss3on on the plan Of reor-
ranization OF rhe Third Avenue bondhold-
e-s. William ID. Guthrie once more oh
3ecsed TO the pre sence of Chairman William
r WILCOX as ne Of the presiding com
--1issioners az the hearing. and was over
ruled The apglt sca5ion made az- the last
hearing 70 aIloss the newly formed Third
Avenue Railway Company TO intervene in
the proceeding WIS denied. and when Mr-
Guthrie contir-1e,s "a insist Comuissioner
Johu r E.ustis toh him rointedly that he
vas trying 10 get before the commission
much more than Ets statements Indicated,
srd added. And Tou know it. too.
When Nr Cislt.1rie first brought up the
question cf tie clrairnan's remarks at the
Finance Forum on last Wednesday even
ing ali the rrlesnF,erss OF the commission were
present Counsel began 10 read an account
Of the proceedings 4n A newspaper. Com
r7issicper NcCarron remarked that before
the objection was egsterTained Mr.. Guthrie
must adduce some supporting testimony
Nr Guthrie replied that he would then
have to have a subpoena issued Tor the
chairman 70 appear as a witness at the
next hearing. IN proceeded: ~It seems 10
ne admitted that the chairman made an
address and that this address was read
and that copies were handed outtbefore the
address vas delivered"
The last statement made hy%counsel IS
absolutely untrue" interjected Chairman
willcox
Then 7 hare sbeen rnisinformed' said
Nr Guthrie.
y wish 10 state y hat gave out no state
rneuf whatever either TO a newspaper or
&c syT 4-a gl7a
Mr Guthrie continued TO read from the
newspaper account and the members Of
the commission infovmed him that news
uaper clippings. which were necessarily in
complete. could rot ne accepted as evi-
denoe
The members of the comnlission are sat
isfed that there is no has or prejudice on,
the pert of the chairman against the men,
,.ers Of the reorganization commission, :
faid commissioner McCarroll.
chairman Wilcox then anDounceds that
after consideration the commission. had
decided 20 reject the application of the
third Avenue Railway Company 10. he al
laRpd ~ intervene. The company. how
ever. he added. could appear and take part
IN the proceeding. as could any other per
scn OF company from among the public
and on any new proceeding the evidence
used.
commissioner Rassett indicated that, the
rejection or fhe application as framed did
rot mean that The commission did not
stand ready IL consider an application by
The new company. hut that such aprtica-
ton must come up A new proceeding.
Mr. Guthrie pointed out that nobody sup
rosed the bondholdeTs would issue the Sc
ouritics which il is now sought to have au-
ihorfzed and the onlv way the company
could Re authorized 10 issue them was by
intervening in tho present proceeding.
The application which you made at the
last hearing contains many other subjects
BESIDES the issue of securities, and you
know il" said Commissioner Eustis, who
then suggested that 2 regular application
for hearing ne made. when counsel for
the applicants and the commission could
decide what portion of the evidence would
he used in the new proceeding.
Mr.. Guthrie said he would confer on the
Subject with his associates.
Marsgn Sclidder was cross-exsm mined, and
The hearing adjourned 10 June g