New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-05
No Approval of Contracts Until
Court Acts on Hearst Peti.
ton, Which Ties Up Ex-
eCution of Agreements.
M'CALL RELUCTANT TO SIGN
Public Service Commission Ap-
peals to Appellate Division to
Vacate Writ Obtained by
Editor, but Court Re-
fuses to Interfere.

! Action on the contracts for the dual
transit system were held up yesterday
by an injunction served at the instance
of William Randolph Hearst. Although
the members of the Public Service
Commission are enjoned simply from
executing the contracts, Chairman
Wilcox said last night they did not
! wish to violate the spirit Of the court
order. The inference was that nothing
would he done toward approving the
contracts until after the court had
acted upon the return of the order at
1890 o'clock tomorrow morning.
Edward T.. Mccall. who had been
confirmed by the Senate as chairman
of the commission to succeed Chairman
Wilcox. permitted the impression to he
gained that he was not anxious TO have
the contracts come 10 him. He said
yesterday he could not possibly arrange
10 take his oath Of office before to-
morrow. However, should the injunc-
tion he vacated tomorrow morning the
contracts could not well be signed before
Friday. So unless Mr.. Mccall holds off
until after that, the contracts Will be
mp to him for signature.
Fear for Dual Plan.
NJ N.cou I,ol e.,,oJ tbot he would
not sign them without due considera-
ton That means a considerable delay
in the execution of the contracts. Al
though II is generally believed 10y those
interested that Mr.. Mccall would in
the end affix his signature to the con-
tracts. there is the fear that while he
is studying them something may hap
pen to overthrow the entire scheme.
To delay the final binding of a struct-
ure that has been built up with so
much trouble with each part gives an
opportunity>for some vital part TO slip.
thus bringing the entire structure
down.
George :. Coleman counsel 10 the
commission. made a special plea late
Yesterday afternoon for the immediate
vacation of the injunction before the
Appellate Division OF the Supreme
Court. That body however. refused
TO interfere The temporary injunc-
ton. which was issued by Justice
Hendrick. of the Supreme Court on
the application Of Clarence J. Shearn,
counsel for John J. Hopper. was set
down for argument in Part !, Special
Term. tomorrow morning. BY
strange coincidence Nj. Mccall had
been assigned 10 SIT there tomorrow
as a Justice of the Supreme Court.
His place has been taken by Justice
Davis.
Members of the Public Service COM
mission DO nos doubt the injunction
will hc vacated at that time. as IT ~
based on the same arguments as were
the suit brought some time ago by
Mr.. Hopper and several others. That
was decided in favor Of the city ny
the Court of Appeals
Homer Acted for Hearst.
II is we'll understood that Mr.. Hop
per i'm bringing his taxpayers suit
Yesterday was acting in the interest
Of Mr.. Hearst THAT the papers had
been ready f~r some time for execu.,
ton was shown by the fact that they
had been dated I'm January. The
| "January" was crossed out and Feb
ruary" inserted.
Had it not been for the injunction the
contracts, which had finally been
whipped into shape would have been
approved by the Public Service Com
mission yesterday. They would have
been transmitted to a special meeting
of the Board OF Estimate last night
and the latter would have set them
down for adoption to-day. The ques-
ton of signing them after that would
have been a matter Of only few
hours
II had been hoped the contracts would
have been received from tho printer
when the commission met at ) o'clock
4 "
yesterday afternoon. The Brooklyn
Rapid Transit Company contracts were
in hand. but the printer had not
finished with the Interborough con
tracts. Several routine matters were
put through and an adjournment was
taken until 4:3O o'clock, when it was
boped the Interborough contracts would
he ready.
Injunction Is Served.
The moment that adjournment was
taken things began to happen. man
who did not look as though he came
from n lawyers office, although he
carried big portfolio under his arm,
started for the platform from which
the commissioners were about to de-
scend lie got mixed up in "A crowd of
peoplc going out, and fought his way