New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-07
Will Hear Argument To-day on
Question of Further En-
joining Signing Of
Agreements.
M,CALL STUDIES CONTRACTS
Finds Some Charges Far from
True and Says He'll Be Pre-
pared to Act When Final
Decision on Stay
Is Reached.

"perfect paralysis. 10 use tne term
coined by Judge L. +. Mccall. who is
n ne the new chairman OF the Public
Service Commission, still characterized
tho subway situation last night.
The Appellate Division will hear ar
oument at 2 o'clock this afternoon on
an appeal from an order OF Justice
Davis in Part |. Special Term. contin-
ming the injunction obtained by John
! Hopper TO restrain the Public Service
commission from executing the transit
contracts with the Interborough ana
tho Rrooklyn Rapid Transit Company.
r. was on the suggestion OF Justice
Davis. who had listened for hve hours
10 arguments on motion TO vaca'e uhe
Injunction. that counsel for both sides
agreed 10 have him continue the stay
without passing on the facts, in order
that the case might reach the higher
court the quicker Had the Appellate
Division been una Bile TO hear the case
to-day Justice Davis would have
;aken the papers and rendered de-
cision on the facts after consideration
~ a few days As the case would have
been appealed anyway, the action yes
terdav was in the interests Of speedy
hnsl determination.
Question of Appeal Puzzle.
No decision from the Appellate Di-
vision is expected before Monday. The
question arose last night as 10 whether
an appeal could be taken TO the Court
Of Appeals from that decision. Judge
Mccall and counsel for the Public Ser
vice Commission seemed 70 think no
appeal would lie. However, it was
acknowledged that as the Appellate
Division would be the first court to
render a decision on the merits OF the
case it might. in it's discretion, allow
an appeal to the higher court.
Judge Mccall has not decided when
he will lake the oath of office 70 sue
cced Chairman Wilcox On Wednes-
day he said he would take the oath
Immediately if the stay should be va
Gated that DAY. Yesterday he did not
seem TO be in such a hurry TO take
office. explaining that there was no rea-
son why he should not finish up some
business in hand, as we'll as permit
Chairman Wilcox TO get out OF the way
some transit matters other than those
pertaining TO the contracts.
The new chairman said last night ne
did not see any reason why he should
take his oath to-day. so long as the
stay was in effect. 1t seems he told
Governor Sulzer plainly that he mus
be left to use his own discretion as
70 taking the oath. He was asked IL
the Governor had asked him TO take
Office Immediately
The Governor called me up last
night" he replied. and wanted 10
know if | was not going 10 take the
oath tomorrow. meaning to-day. /
told him that must be left to my dis
cretion. ! told him that l was keeniy
alive 10 the situation and knew what
was going on all the time, that there
was a stay Of proceedings and no
reason for me 10 hurry in taking ONCE.
he added that he did not say it 70
the Governor but he wanted II under
stood that he would not let any nan
tell him when 10 take office.
II would seem that the judge -
(oo,inu.d on third page fftb column.