davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-04

What inducement was offered TO Ed
ward Everett Mccall sufficiently com
polling to induce him to leave the
Supreme Court bench 10 accept the
craftsmanship OF the Public Service
Commission? This was the live ques-
ticn that was agitating the minds of
many last night.
4 nomination for Mayor on the Tam
many ticket this fall. That was an
answer given by an organization man
last night
Mir. Mccall. Cor he ceased to be
justice when his resignation was placed
i'm the hands OF Governor Sulzer last
night. and he does not become Public
Service Commissioner until his oath Of
office is filed, acknowledged yesterday
that his work on the bench was most
agreeable to him. He declared when
the appointment to the Public Service
Commission was first preached to him
that he would not consider il for mo-
ment. and that he wanted to spend the
remainder of his active life as a Judge
His salary on the bench was $1,000
a year. AS Public Service Commits
sioner ii will be only $1,000 a year.
His term Of office as justice of the Su-
preme Court had four more years 10
run and a denomination and reelection
are practically assured TO Democratic
judges of ability in this district.
Why, then, did Mr.. Mccall consent
TO give up his comfortable berth and
accept position with which he has no
familiarity and which means an in
finite amount Of hard work and the
greatest responsibility, after he had
once refused point blank TO consider
an appointment to the Public Service
Commission?
"Of course. do not pretend TO say
just what is in the mind of Mr.. Muir
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-04

plain TO everybody that regardless of the
momentous problems awaiting solution in
his new Office. he does not intend 10 make
the change until ne has disposed Of every
Item OF judicial business that was before
him when Governor Sulzer asked him 10
take the new post.
He declared he would go To the court
houS" this morning. and would remain
there until the last Of the work was dis.
posed OF. If it took him until midnight.
As his decisions. Ne explained are all
ready to hand down. ne does not antici-
pate he will remain i'm his chambers in
court much after or o'clock. and he.
perhaps will find time to be sworn In as
chairman of the Public Service Commits
sion some time tonight.
Il intend" he sad. Ito discharge every
judicial duty IN 'omulet, accord with the
dictates Of my conscience. There Will he.
no undue haste in making the change. /
know how pressing are the public needs.
and / viii not delay a moment longer
thdr - absolutely necessary 10 dispose of
all judicial business ",iore taking up my
new work. ! hope To keep every friend
I've got and add new ones 70 the number.
There was further consideration yes-
terddy by members of the Public Service
Commission and the Board Of Estimate
committee ~ the amount 20 be paid BY
the Brooklyn Rapid Transit Company for
the joint use of the elevated lines in
Queens. which are TO be built by the
marlborough and the city together
II is said the Brooklyn Rapid Transit
took the attitude II should not pay any
thing To the Interborough President
Shonts baked al this The city authori-
ties hold the Brooklyn Rapid Transit
should pay rental To the PETERBOROUGH on
the ton mileage basis. The BROOKLYN
Rapid Transit maintains that If II has
10 pay anything at all il should be ON
the car mileage basis. as its subway
ears are To be- heavier than the elevated
cars which the Interborough will run in
Queens. The first plan Of the commission
probably will prevail.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-04
M'CALL BUSY ON LAST DAY
Decides $50 Gases Just Be
fore Resigning from Bench.

one Of the last official acts OF Justice
Mccall before his resignation from the
Supreme Court was 10 sign "A demurrer
yesterday to a defence OF Moyse & Co..
cotton brokers. in the suit brought against
them by Morris II. Rothschild. The suit
is for an accounting in the sale Of cot -
ton bales weighing 10000 pounds which
were said TO have been intrusted TO Moyse
& Co. as agents.
In their answer Moyse & co. alleged
Rothschild had entered into an agreement
with them which was In restraint OF trade.
and therefore illegal. Justice Mccall de-
cided. however. that this was not a valid
defence. In addition the justice signed
orders in the course OF the day in l.150
cases which were awaiting his signature.
They were all suits brought by employees
Of the city under the prevailing rate of
wages law. claiming the plaintiffs were
entitled to higher salaries than those they
received
one Of the cases. decided adversely sew
eral months ago. covered all the others
and the justice spent most Of the day dis
missing them with few strokes of his
pen.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-04

Justice Edward Everett Mccall IS
brother of John A. Mccall, who was presi-
dent OF the New York Life Insurance
Company, and who died in 1906, lie"
months after the investigation of the Ire
insurance methods that prevailed prior
10 1905. The name of Edward Everett
Mccall was mentioned often In the course
OF the Hughes investigation.
In 1901 a law was passed taxing all life
insurance companies for the first time on
their premium receipts John \. Mccall
believed that the State of New York had
no right TO tax "A contract made prior to
the passage Of the act and it was decided
To bring suit.
In his testimony before the legislative
investigating committee John y. Mccall
said:
didn't care To act as the-for the
New York Idrc-didn't care TO act as the
party In the suit. and so the Provident
savings. of this city, was made the COM
plainant party. The case was carried TO
the Court Of Appeals of New York and
decided I'm October. 1901. and Judge
C'Andy') Hamilton won the suit. II made
a difference of one million dollars to the
three great companies Of New York i'm
the matter OF taxation. We agreed with
him-thc New York Life did. at least
that We should give him oue-third Of the
recovery made from the decision in the
he should have no fee whatever in case
he lost his suit
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-04
Haste Would Mean Incapacity.

ANY man who signed such contracts
without due consideration would by that
act show his incapacity 10 fill the office.
II were Governor ! should remove such
a man at once
Asked II he would ask for any particular
period for consideration OF the contracts,
Justice Mccall replied
I'm not ask any time. III take time
! will study them and when | have fin
ished with that study will report my atti-
tude 10 my colleagues"
Justice Mccall said he was not looking
for any credit that might come from
signing the contracts. Considering this
as man to man. he added, Il hope | am
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-04
SEE MCCALL FOR MAYOR
AS MURPHY'S REAL PLAN
Politicians Believe Tammany's lnducement to
Turist to Leave Bench Included Promise
of Nomination Next Fall.

phy." said the politician, speaking OF
the leader of Tammany Hall. Nor 90
I know just what arguments were used
by Governor Sulzer in talking win
Judge Mccall. However, | believe that
the plan is TO enter the latter in the
race for the Mayoralty.
This year the situation demands a
candidate who has been prominent IN
some live issue. 1t is likely that the
fusion forces will nominate District
Attorney Whitman or Borough Presi-
dent McAneny. on the bench Judge
Mccall was in obscurty. To bring
him out and put him in as CHAIRMAN
Of the Public Service Commission at
time when the important contracts
for the dual transit system are about
TO he signed to my mind. Is a shrewd
piece Of politics. No doubt an EFFORT
will be made TO place him in the po-
sition of being responsible for push
ing the contracts through after the
long period OF negotiation, which made
the public impatient. Otherwise, why
did not Governor Sulzer permit Chair
man Wilcox to hold over long enough
to sign the contracts?
AS head of the commission Mr.. NC
Call will have an opportunity of show
ing his strength with the people. If he
should prove a popular man there he
would probably prove the strongest
candidate Tammany could name for
Mayor"
II was suggested last night thai
Mayor Gaynor would probably not be
any too we'll pleased with the appoint
ment Of Mr. Mccall II is understood
that he would not be at all aversc
toward denomination himself How
the two men will pull together on
transit matters will be watched with
considerable interest
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-04
McAneny Promises operation.

Borough President McAneny said the
new chairman could count on the hearth
est cooperation of the transit committee
OF the Board OF Estimate
Commissioner @. Y. s. Williams said.
Outside Of my friend Wilcox | know
Of no other man whom would rather see
in this office than Justice Mccall"
My mind is entirely open Oh this en-
tir. proposition" declared Justice Mccall
I'm the afternoon Indeed it j. more
than that. 1t Is a blank. ! have not the
slightest knowledge OF the points in
volved IN these contracts other than what
/ have gained by casual reading of
what the papers have printed"
In general Justice Mccall said he had
never weighed IN his mind any ~ the
broad questions Of municipal operation.
as well as ownership. or Of municipal con
struction entirely AZ opposed to taking
I'm some private capital for construction.
There had never been case before him
involving the Public Service law and he
had never read Il until he looked into
certain features at the Executive Mansion
In Albany week ago Sunday
was that Governor Sulzer wanted him to
take up his duties at the earliest posi-
bic minute. However. he expressed the
hope that the contracts might be signed
before he took office. But he did not
know how long it would take To have the
appointment confirmed. Insomuch as he
has been state officer. he thought posi-
bly, Senatorial courtesy would lead the
Senate 10 confirm the appointment with
out sending II 10 the Finance Committee
first, as IS customary.
II hope the cup will pass from my
lips" was the way ho expressed il.
However. IL il becomes my duty to con
slider these contracts, ! shall do IL CON
scientiousy. II il becomes necessary for
me 10 sign the contracts ! shall not do 1t
until after have thoroughly dgested and
analyzed them and am satisfied that they
are In the best interests Of the city.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-04
WILL RALLY AT COOPER UNION

The 25th Assembly District organiza-
ton Of the woman suffrage party will
hold a meeting on Thursday evening
at o'clock at Cooper Union. at which
the relationship of man TO woman suf-
frage will be discussed from new
point of view. The speakers and SUBJ
iectS will be as follows: Mans Prog
resS." Marie Jenney Howe. From Mas
culnity to Manhood" Charles Iueblin:
Mans Rights" Fola La Toilette. and
Man and the Family" Max Eastman.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-04
Beaqed 10 Recall His Action.

After he had forwarded his resignation
Justice Mccall told his friends among the
Justices Of the Supreme Court what he
had done They begged him to recall his
action. Then they sent word To the
Governor asking him not to send the APP
pointment TO the Senate until they had a
chance OF sending "A delegation TO Albany
TO beg him in person not to take Justice
Mccall from the bench.
When Justice Mccall returned to his
home. at No. 32l West S6th street. after the
theatre last night. he found the following
telegram from Governor Sulzer awaiting
him:
The Senate has just confirmed your APP
pontnent as chairman of the Public Ser
vice Commission of the LIST District. Con-
CALCULATIONS. Letter follows.
Justice Mccall said he was pleased to
know the Senate acquicsced so quickly
In the appointment and hoped everybody
was as pleased as he.
The justice said he wanted to make it
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-04
WANTS VOTE ON SUBWAYS
Peoples Institute Would Delay
Contracts Till Election.

Frederic C.. Howe. managing director
Of the Peoples Institute. sent a letter
yesterday To Controller William A. Prem
dergaat. pointing out how the institute
had watched every step i'm the subway
negotiations" Two years ago the insti-
tutc protested against the Interborough
plan and declared in favor of the modified
triborouSh plan.
Continuing, the letter says that in
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-04

not Jackass enough TO Try TO get any
credit Tor simply signing my name TO
work that has taken other men years to
prepare. All credit should go to those
who have lsborcd on thi, matter for so
long"
II was about for weeks ago when the
matter of taking tie appointment to sue
coed Chairman Wilcox was first suggest.
cd to Justice Mccall. His friends say
he vigorously rejected the suggestion. de
clarng he wished ana expected 10 spend
the remainder OF his lie on the bench
They maintain he expressed 10 them the
idea that he was annoyed by the sugges-
ton and had even said II was abhorrent
20 him.
Justice Mccall had about come to the
conclusion that consideration of his name
had been dropped when Governor Sulzer
walked in on him ar his home here
He presented his demand that | accept
the appointment In such way that I
could not well refuse" said the justice.
lite said ] had been honored BY election
20 the bench. that the people wanted ME
TO accept this place and that il was my
duty to accept it,
Did any one else confer with you at
tho time" Justice Mccall was asked
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-04
Wanted TO Hide Payment.

II was also shown at tho investigation
that $4,000 paid by J. =. Morgan & co.
out Of the profits OF a transaction in
United States steel was 10 take mp notes
Of Judge" Hamilton and Of Justice f. T..
Mccall. In behalf Of the Judge and
this method was taken 10 keep the pay
mcnt hidden and ont of the report 20 tho
State Superintendent Of Insurance.
In April, 1910. Justice Mccall issued an
explanation OF loans made by the PheniX
Fire Insurance Company 10 William n.
Buckley. the Albany lobbyist. Tho state
mcnt was accepted by Superintendent
Uotchkiss. Buckley borrowed the money
To meet loan.
Edward T.. Mccall was born at Albany
IN January. 1863. The Mccall family re-
cciyed a great deal Of money from the
New York Life Insurance Company. In
salaries the family got more than 81 go,
C00 from the time that John A. Mccall
was elected president up to 1895.
Justice McCalrs term in the Supreme
Court does not expire until December 81
1915. His present yearly salary j. SitJ0U
The salary Of Public Service Commissioner
is $1,000.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-04
HUGHES INVESTIGATION
INVOLVED JUSTICEM'CALL
Insurance Inquiry Revealed Transactions with
His Brother and ANDY" Hamilton
in N. Y. Life Suit.

, argument for reasonable compensation
A.-Wel. frankly, Mr.. Hughes, tne Nem
York Life did not care 10 appear aS INV
plaintiff i'm the transaction. o,
O.-Now, did the Provident Lie pa
for the services rendered 10 1t? Al a
! don't know. A., ,,.i,,,,iro
Q-Now, as the result OF the "imt hin,,
Of that case, there was rebate 20 VII ~ ,
the COMPANY was entitled, Of S272.'03
'O.LAnd under this agreement Judge
Hamilton was entitled to one-tnlru VI
something like $4,000? Ayes, that IS
Odd vou make any inquiry as to
what that litigation could be conducted
Q.-judge Hamilton at that time was Of
5000 sT"sst; a y "%%fF A t"c SIS ''''
Q.-Judge Mccall was under slniia,
retainer? Ayes. He was in charge OF
real estate and mortgages and had re-
tainer, too, Mr.. hughes.
o-Now. on November 10. 1901 there APP
pears TO be n note made for si'vp pS
Edward L. Mccall, to your ordep af'p
Edward +. Mccall made his note and ! IN
dorsed il, or several notes three, thlhh
--aggregating about $4,000 o, por,
Q.-Herc are two with the Central t - ndn
made by Edward r. Mccall to your order
ana Endorsed bv YOU. Who got the
money? A.-Andrew Hamilton.
Q-What did he get il for? A.-Sane
general purposes. ! suppose.
O-Whgt general purposes? A.-For
general PURPOSES Of His legislation ana
taxation burcdu-oNp"ases Of IT,
Q-Can you explain why Mr. EDWARD
T. Mccall should sign these notes! a.
| don't know c.,
Q-When lid Mr.. Mccall become SUI
promo Court Justice. Al think he was
elected i'm 1902
q asked YOU when YOU were on the
stand before whether the New York Life
contributed directly or indirectly to the
expenses Of Judge McCalrs campaign.
At never didf not one ha'penny. /
did myself personally.
ANYTHING Of that kind? A-NO. :
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-04
Companies Attitude Feared.

Friends Of the dual system do not cN-
press any fear but that In the end JUS
ticc Mccall will sign tho contracts FOR
the dual system. However, they are
afraid the companies may take advan-
tage OF the delay to start new con-
troverSies I'm hopa that the question
can be reopened and they, possibly. get
better terms.
Members of the commissiOn-'ommis
sloncr Cram. Of course, being excepted
were AT the home OF Chairman Wilcox
last night when they heard Of the CON
arnation 81 his successor. They were
not expecting such news and were strain
ine every nerve In order to get the CON
tracts ready for adoption at the earliest
possible moment
Travis H. whitney. secretary Of the
commission. was at the printers last
night. rushing the work there. and the
Intorborough contracts were being sent
10 the conference al the home Of Chair
man Wilcox sheet BY sheet
Chairman Wilcox sent tho following
telegram 20 Justice Mccall soon after
hearing of his appointment
/ congratulate YOU Oh your appointment
As chairman Of the Public Servic" com
mission and bespeak for YOU "A success
ml administration. Your high reputation
i'm this community Is an earnest or ~"
work which may be expected from YOU IN
the important Office
In the afternoon Chairman Wilcox SAID
the commission hoped to have the con
tracts ready tomorrow. and. OF course
he hoped 10 sign them before he went out
Of Office. But" he added. Il do not cN-
pect that this work is going 10 come 10
any sudden stop when I 20 out. II Will
20 rieh, along. II Will be a question Of:
The king Is dead. Long 1--we the king. Do
Mayor Gaynor sent word from his Office
that he had no comment 10 make Oh the
appointment other members Of the
Board OF Estimate took the same attitude.
Justice Mccall IS n distinguished man. DO
commented President Mitchell. of the
Board OF Aldermen. Il am willing 10 trust
my point OF view TO any new man whose
mind Is open"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-04
"Thousa nos Of Applications"

The Governor declared he had thou
sands of applications for this position.
but believed it should seek the man.
lie continued:
To select the right man was no easy
matter. In the conflict Of opinion De
termiuCd to name man OF Such nlsIi
character of such pre-eminent abllltN'
of such established reputation for I'M
Partially that the people would say
We'll done Governor and commen n;,, me
for meeting the acutencSs of the situa-
ton i'm the broadcast way II POSSIBLY
could be met for the general welfare u!
one in authority.
In selecting Justice Mccall for the OIL
fee / want to tell the people Just now
and why the selection was made. ! haNe
known him since we were law students
and our personal relations for thirty
odd years have been intimate. He Is a
man for whom ] have the greatest re-
SpeCt and the highest regard. No one
can question his ability as a lawyer his
worth aud imparti&lity as justice OF
the supreme Court of our state and ms
determination always 10 do what he DC
lieves TO he just and right for the publc
good lie is my lifelong friend. In him
/ have the most implicit confidence. lie
is big enough for any Office IN our
\ short zine ago he was our guest
here IN Albany when We gave the ON
cial dinner to the judges of the Court
Ol Appeals lUfD DIltuA ID ihNu llliN
ters over with him. but ne then told me
he could not think of reSigning from the
bench and accepting this office. That
ended il. and I looked for some one else,
but could not convince myself regarding
any other candidate so much as | had
about Justice Mccall.
The matter was of such grave impor-
lance to the people that I concluded last
Saturday afternoon 10 go 10 New York
and make final personal appeal to Judge
Mccall TO accept for the public good. SO
last Saturday night. without saying a
word to any one about IL. ! went 70 ms
house i'm New Jrk City and for several
hours discussed the whole question with
the Judge from every standpoint. As the
Governor of the state. | appealed to him
to resign from the bench and take the
Public Service Commissioncrship. great
sacrifice. and he did not want 10 take IT.,
but he finally and reluctantly concluded
To do il on my personal appeal in the
name of the people Of the state and as a
patriotic duty 10 the citizens of Greater
New York. Judge Mccall is to be COM
mended for this sacrifice ] feel confident
that the people generally Will give him
the credit TO which he is truly entitled. |
know how fair and how just and how able
and how impartial he is. ] know he will
carefully investigate every phase OF the
whole proposition and decide 1t finally
as he would some great question of life
or liberty or property. il il were brought
before him as a Supreme Court judge
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-04
FchrulrN ;. 1913.


Hon. William Sulzer. Capitol. Albany
NV Dear Governor. have deter
mined after my chat with YOU and re-
necting upon what YOU urged. that |
mast sacrifice AL personal considera-
lions and respond to your request, in OBJ
servauce of "A duty | owe the people
who have nonored me. To reconsider my
refusal TO accept. and will do what YOU
wish. ,
am leaving a work that | am devoted
to. and in which. ] hope. ] have met, III
some small measure. that which was en-
Uacted of me. | am severing compan-
ions hips of the most deNot Il colleagues,
whose great and unselilsh endeavor ana
labor for their state and country VIII
undoubtedly meet the full appreciation
of the people. for whom they are striN-
ing and i'm leaving them IL tears n the
heart strings. but | am left no alterna-
tive, and | shall send by the messenger
who bears this letter my resignation as
Supreme Court Justice ana Will take up
the duties of ms new assignment with
tho promise To YOU to devote all that |
am possessed of ia the way of energy
and ability To the accomplishment OF
all OF the duties that may deyolNc
upon me.
with the warmest regards TO you per
sonally. Very truly yours.
III Il Il
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-04

pired. which was on last FRIDAY night
The Legislature was not then in SCISSOR
and will not be i'm session until to-nlSlit
so | could take no action reSdrulhS NV
matter until the Senate convened.
The Governor said he was deeply
concerned for the welfare of the people
and anxious to do everything to pro-
mote their happiness and prosperity.
He had, he said. investigated every
phase Of the subway problem. He went
on:
As a public servant. ] am always TeluE,
tant TO criticise public officials and VIII
no. do so now, although ] must say tnd'
] an: not in sympathy with the intermln-
able delays which have marked the pros
Tess of the subway situation in greater
New York The people want things Done
openly. and honestly, and quickly ana
fearlcsSly.
Knowing what ! do my mind Is maze
mp TO appoint successor 10 MT NllICoN'
l'p to this time ! have endeaNored not 10
commit myself in the matter directly OF
indirectly "a I believed the Governor
should live mp TO the principle OF nome
rule and not interfere with matters in the
City of New York unless something ON
cial and tangible was presented TO MN
lInDn which a