The evening world. [volume] (New York, N.Y.) 1887-1931, 1913-02-06
CONTINUED from First Page)

on the subject For ! FOUND that m
stead of the contracts binding the city
for fifty-three years there are clauses
that would enable the city to recapture
the whole or any Of the units OF the
proposed extensions within ten years. "
the city were not satisfied with the way
things are going. Furthermore. there
IL a provision that after q certain num-
Der OF years tho city could turn over
the operation OF the subways In aues-
ton 20 independent operators rms
places the matter In an entirely new
light. quite dissimiiar from that N
which II had been described 10 me. !
must confess that until was appointed
q member OF the commission j had
never gone into the subject at all and
had no more kno wledGe Of ~ than the
average citizen"
DECLARES WILCOX HAS LOT
OF WORK TO 90.
Judge Mccall WAS asked when and
where he expected to qualify.
As q matter Of sentiment" he said.
y would like TO b sworn IN by fei-
low Justice Of the Supreme Court ana
a. Justice Davis 10 now sitting In Part
I. In the place where l should be were
II not for this appointment. I have asked
him 70 take my oath of ONCE. don't
see that there 10 any hurry. ! nave
lot OF work to clean up here and on
the other hand Mr.. Wilcox has q num-
Der of matters that really require his
arsenal attention. He has heard ar
9uments In q number Of matters which
are important, though they have bean
overuhadowed by the subway ahAir.
Unless Mr.. WILCOX closes up those mat
tsrs Il will throw . great deal OF un-
necessary work on my shoulders. j am
SURE Mr.. Wilcox does not wish 70 I'M
pose such an added burden on me.
Furthermore. In the subway matter
I see no necessity for haste on my part.
The matter 10 In good hands. BON
sides are having their day In court be-
fore Justice Davis and ! am sure ne
Vii, lat thsm thresh out all the essential
d~tnj,s. Frankly ! am watching the
proceedings before him with great IN
forest"
L
cate the injunction to-day thereby en-
towering the commission to sign the
contracts. would you qualify In time TO
prevent Mr.. WILCOX from acting In the
matter" the Justice was asked.
Justice Mccall smiled. ~ I'D.
Mr.. wilcox has spent much time
and pains on these contracts" he an
pwered. For this he 10 entitled to al
ths honor accrsln6 from useh . pubic
service. For myself do not wish to
deprive him Of any well-earned s'ory
Nor, since have read the contracts
in the mean time. am a. friHhteneo
about them to-day a. was yssterday
Surely a. long Q mere 10 an injuncfior
there 70 no hurry-and am learnine
more shout the contracts every minute.
sHEARN OPENS THE ARGUMENT
4 on THE INJUNCTION oulT.
| Clarence J. shsarn. counsel for Johr
IL. Hooper. who brought the subwa,
Injunction suit. opened the argument be
fore Justice Davis. He said he would
agree to 90 TO trial on Monday. II Nor
gan j. OBrien. Archibald Watson ant
George \. Coleman. the lawyers seekinf
to vacate the Injunction. would accep
the proposal no that the charges o
fraud, collision and bad faith made b!
Hopper might b. thrashsd out In court
Justice Davis made frequent notes o
points brought out By the lawyer. an'
interrupted only once 80 inquire the If
OF the proposed bonds.
Mr.. Shearn at the close Of his speec
quoted from letter written by Mayo
Gaynor In which he said no woul
not go out Of office and leave this 9Th
subway contracO stain on my name"
There It V, Your Honor" sal
weigh its value You take Il. a. "
say IN court. for what II 10 worth"
There was q buxz OF merrimen
] which was interrupted by a young Law
yer. who held . iSwyer's portfolio und,
his arm.
II object, I object. sir" he sad. "wh,
o Ms. HsArn said 10 an insult to the oity
o executive and move that hs b rspr
y nAndeA."
h what Ia your interest hsrsr" ask
" the Court.
"a II have none IN this argument" n
% lawyer replied.
COURT RULES THE oeJEcTio
y OUT OF ORDER.
:, Then you are out of order, SIR" r
:, turned the Court with crushing o.
. phssis.
N Mr.. ehsarn's argument bore on