New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-05-28
COURT AFTER Mr.. WILCOX Iva. RHoADES SUICIDE
.,,stjee Brady Calls Him to An
swer Charge of Contempt.
spfEcH CAUSE OF ACTION
,.n,;c Service Chairman Ac-
cused by Judge of Casting Re-
factions on Judicial Conduct.

-.s.,,s Brady, of the Supreme Court, is
.oa an order yesterday directing William
~ ,,-,,,cax chairman Of the Public Service
tI.,,n,;ssion, TO appear before him on Tues
So, and show cause why he should not
- nrnished for contempt
rbs proceeding is the outcome OF suit
lily tried before Justice Brady where
,bs STATE of New York was the plaintiff
j. Frederick ". Whitridge. receiver
. .te Third Avenue Railroad Company and
-. 1-nion Railway Company, In an effort
= collect s750.Geo for alleged violation OF
y orser Of the Public Service Commission
-lace vheelguards on the cars OF the
--rscn Railway Company.
T,,stice Brady dismissed the complaint
she motion of Joseph H. Choate, jr.,
.a,,rsel for whitridge The action now
..,,en nv Justice Brady is because of a
....er,ent attributed TO Chairman WILCOX
= +re course of a talk last Wednesday
-,,st at the West Side Branch of the
o,np Mems Christian Association. Mr..
,,-gicax was quoted as saying regarding
.hs suit against Whitridge:
.T-,fortunately the suit was tried before
inage who admitted that he was the
ou-ner Of stock in the company. and the
~, was dismissed on technicality.'
The defence of Mr.. Whitridge in the suit
ms that the Public Service Commission
RAD not notified him Of their acceptance Of
,be company's plans and specifications for
.be wheelguards. The dismissal of the
,oupla!nt by Justice Brady followed his
.fussl OF a motion by counsel for the
s+ate that Juror be withdrawn and a
.,ist-lal ordered on the ground that the
cou-t had made ''prejudicial remarks The
-snnark TO which counsel excepted was
fhis:'
This seems 10 be a case Of lese ma ieste
A man must sit down outside the Office OF
,he commission and wait for them TO cut
red tape"
Al the opening Of the trial Justice Brady
announced that he was a stakeholder in
the Third Avenue Railroad Company, say
ing:
Gentlemen, this action is brought against
,he receiver OF the Union Railway Com
psny. see It may be proper for me TO
state that I am an unfortunate owner Of
sock in the Third Avenue Railroad Com
many ! do not know whether these inter
,sts are involved in this action. but I see
tbst the receiver is the same receiver as
cher companies in the city of New York"
Justice Brady in his order quotes his re-
marks in court and explains the order as
fellows:
IT appears that the said WILCOX intend
ed to convey. and did convey, to the public
the idea that at The time of the said trial
! was the owner of stock in the Union
Railway Company of New York City,
,4of,
was brought. and that my decision in said
action was improperly Influenced by my
sad ownership and was rendered contrary
70 The law and contrary to justice. and upon
mere technical grounds. and because Of
personal interest in the result Of the case"
William D. Guthrie counsel for the bond
holders Of tho Third Avenue Railroad, pro-
tested against the presence Of the chairman
as one Of the presiding commissioners at a
hearing by the Public Service Commits
son upon the plan Of reorganization of
thf company. on the ground that the chair
man in his address before the Finance
Forum had shown bias and prejudice
against the parties involved in the case.
Dr. Guthrie's protest was made after
Herbert J. Bickford had appeared and asked
that the Third Avenue Railway Company,
new corporation organized to take over
fhs Third avenue property sold at auction
some weeks ago. be allowed to intervene
M Guthrie viii act as counsel for the new
company as we'll as for the bondholders'
committee. The application TO let the new
company take over the property Will oe
passed OF by the whole commission on Tues
dsy.
Marvin Scudder was re-examined by
Oliver c. Semple, counsel to the commits
sion, and went into details OF the difficulties
placed in his way by representatives of the
Metropolitan receivers in his attempts TO
Gel Information with regard TO expenditures
On the Third avenue property.
Leslie c. Ferguson. who appeared for the
committee, said he represented bondholders
Is vel, and his application to cross-exam-
Inc was put over until Tuesday at 2 D. m