New-York tribune., 1911-11-22
BARNES TO RUSH APPEAL
Albany investigators Consent to
Quick Argument.
CITY LIGHTING UNDER FIRE
Committees Attorney Shows
Contract at Twice the Price
to Private Users.
nv rs,er-spb 70 The Tribune

Albany. Nov. 21.--Senator Edgar T.
Bracket and William NJ WINS. attorneys
for William Barnes. ir.. Republican State
Chairman. this afternoon informed the Al
bany investigating committee that they
would endeavor TO have a special session
Of the Appellate Division held here Decem-
ber II to hear argument on the appeal Of
Mr.. Barnes from the order Of Justice
Kellogg. directing him 10 answer certain
questions put 10 him while witness be-
fore the committed The state chairman
yesterday through his attorneys obtained
a stay Of the order pending the appeal.
The Investigating committee resumed it's
hearings to-day but there was little inter
est shown in the inquiry compared with
the crowds that thronged the Senate cham
ber before election. Senator Bracket made
his announcement shortly before the COM
mittee adjourned.
understanding that the life OF this COM
ulittee expires on the first Tuesday in
January" he said "and 10 show that We
are sincere in our desire not to prevent the
fullest argument before that. we shall ask
for special session OF the Appellate Di-
vision to hear the appeal OF Mr.. Barnes
on December u"
How long after the argument is COM
pleted do you think We can get de-
cisiou?' asked the chairman, Senator
Bsync.
Expects Short Argument.
About fifteen minutes" replied Senator
Bracket
How about an appeal 20 the Court Of
Appeals persisted the chairman
+ believe We would have time for an
appeal" said Senator Brackett, but Mr..
Barnes won't need to appeal
But the committee might want to-" In
terposed Senator Bayne. with a laugh.
We're just itching TO get at that argu-
ment." remarked Senator Bracket, at the
same time saving he would Immediately
arrange for The special session, and that
he had no doubt the request would he
granted. The arrangement was agreed to
by the committee. The next regular term
~ the court Is not until January.
The hearing to-day was taken Ip largely
with ar investigation into tho Municipal
Gas COMPANY. which this wear entered into
fve-year contract 10 furnish the city It's
electric lighting Efforts were made by
the committees attorneys 20 show that tho
cftv is overcharged IN this contract.
Anthony y Brady IS one of the prirci-
paI stockholders OF the company. and
among the witnesses called was his SON
in-lsw, J.. Palmer Gavit. Mr.. Gavit ad-
rittod that the company paid tho HUDSON
River Power Company only nine-tenths OF
"a cent klowatt hour for its electricity
the report Of tho gas company 70 the Pub
Tic Service Commission that tho city was
charged Al the rate Of six cents kilowatt
hour
The committees attorney. Nelson =. Bon
nov. who conducted the examination. said
that Tor the same amount private consum-
ers paid al tho rate Of three cents. n Wc'
also brought out that the gas company has
q monopoly Of gas and electric lighting
heinz the only corporation with city
franchise.
Mayor James b. McEwan. who is d.
rector NJ tho gas company and also
member or the city Board Of Contract anc
SUNNY. which awarded the contract to tire
conparv was asked II his duties toward
the city and the company did not conflict
He replied he was sure they did not, and
that be got MS stock in the gas COMPANY
from MS brother before he vas elected
Mayor.
Wvnant !. Williams. an electrical expert
employed b. the committee. testified thai
the city was paying more than double Tor
it's electricity. BY It's contract the city
pays 81 and $50 d year for each light. and
tIr. Williams asserted that the company
could make 10 per cent in dividends and
- ..nn- fnr ennh Ilght.