The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-05-28
WILLCOx CILLED TO iCcOuNr.


EWeSNNAAaAa aef EaualG NEAtleHM.
supreme Court Justice Brady yeuter-
day directed William r. WILCOX. chair
man Of the Public Service Commission.
20 appear before him on Tuesday morn
ing SO show cause. u any he can. Why
he should not be punished for contempt
for statements concerning Justice Bgady's
ruling In the suit by the Public Service
Commission 90 recover $4,000 In penal
ties from Rsoeiveg Whitridgs oi the Union
Railway Company for failing 20 obey
the commissions order 10 install wheel
guards on all the cars Of the line The
suit was dismissed by Justice Brady.
In HE order Justice Brady quotes his
statement 10 counsel At the time the case
opened. when l'e said hs was an unfort-
tunate owner Of stock in the Third Avenue
Railway Company. and that he didn't
know whether the Third Avsnue interests
were involved in the action. although
the Teoeivcr Of both companies was the
same. He inquired whether thers was
any reason why he shouldn't hear the
case. The stsnogTaphie report of the
trial shows that X. II. Whitman. counsel
for the Public Service Commission. re-
piled:
Il do not understand that there is any
objection
After the suit had been diamisssd
Chairman WILCOX issued q statement
saying that one Of tho grounds for an
appeal would BE- the action Of Justice
Brady in hearing the case when he vas
personally Interested as . stockholdsr
Of the Third Avenue Railroad. Receiver
whitridge the pointed out thst the
Third Avenue road was In no way con-
cerned in the case and that even n II was
Justice Brady couldn't BE- interested a.
a atockholder because the stockholders
Of the Third Avenue road have all been
wiped out
before the FIAnce Forum Of the West
Side Y. N. c. A. on Wednesday night
saying that the Judge who heard the case
was personally interested In the outcome
and had dismissed the suit on q techni-
cality This led Justice Brady TO issue
US NRuA8ANllA NNuEH NHaNcNuMNs
The chief ground upon which tho suit
vas disrnis Used was that the statute sought
TO he enforced 10 unconstitutional in that
IL gives the Public Service Commission
power 10 create an offence. which lies only
with the Legislature.
AZ the resumption Of tire hearing yester-
day by the Public Service Commission on
the application Of the bondholders Of the
Third Avenue road 20 be allowed 70 reor-
game the system William D. Guthrie,
counsel for the bondboliers' committee.
objected 20 Chairman WILCOX a. presiding
officer. Mr.. Guthrie insisted that in view
Of the remarks which Mr. WillcOX had
made before the Finance Forum Of the
Y. n. {. A.. Il would be improper for Mr..
WILCOX 10 continue in the proceedings.
The rules Of law are clear. said Mr..
Guthrie, when Il ia apparent that juror
or q Judge II biased or prejudiced against
any party 70 a proceeding Il n the duty
Of counsel 20 prOtest And u counsel does
not protest he h held 20 have waived this
objection because Of bias or prejudice
and quite properly 70. No legally or
gAnizsd body IL entitled % play fast and
loose with the parties 20 a proceeding
No answer was made 70 the protest
and Mr. Willcox continued 70 preside over
the hearing. Another hearing viii he
held on merit Tuesday.