New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-27
P. S. c. SEES WAY OUT
Of SUbWAYS SNAR[
Plans to Transfer Third Track
Certificate to marlborough,
Not to Manhattan.
M'CALL FIRM FOR CHANGE
Wall Street Regards 1t Likely
That Gould Will Seek Injunc.
ton Unless His Terms
Are Complied With.

Making tho certificates for the third
! tcrborough Rapid Transit Company in
/ stead Of to the Manhattan Railway Com
pany is the solution OF the difficulty
placed in the way of the contracts for
the dual transit system that has been
decided upon by the Public Service Com
mission and the marlborough.
At least, that was the solution in mind
nal opinion on its Legality which is cx-
, pected from George s. Coleman, counsel
to the commission, to-day. The question
was discussed by many lawyers, who
expressed informal opinions that such a
course would be legal
II remains TO be seen whether such ac-
ton. if taken. will clear all the clouds
away from the transit horizon. II was
reported Yesterday that George j. Gould,
president and one of the principal stock
holders OF the Manhattan, had raised his
.eventh-hou objections to the certificates
because he believed the Manhattan stock
creased profits that would come to the
elevated lines as a result OF the third
tracks and the extensions.
It was acknowledged that if he held to
this stand he might make considerable
trouble, and would be likely to sue out
an injunction to prevent the certificates
being put into force. Such an Injunction
might pc obtained, as was the Hopper
writ to restrain the Interborough Com
pany from entering into such an agree
ment, or the injunction might be delayed
until after the agreement had been en-
tered into and the contracts signed, and
then brought TO restrain the company
from carr, ing out its agreement
Mccall Demands Change.
Chairman Mccall let drop Yesterday the
fact that there was one thing at least
which must be changed In the subway
contracts before he would sign them.
That change will have to he made
he said because | think / shall be pretty
stubborn on the matter"
The chairman would not indicate what
the change was, but said il should not
be considered as vital in any sense. Ii
affects both contracts and he has already
taken IL up with representatives of the
Interborough and the Brooklyn Rapid
Transit Company. Mr. Mccall said he
did not think the change would delay
action on the contracts for any length
OF time. II was assumed from what the
chairman said that he was ready TO sign
the contracts If such change was
made
Chairman Mccall said that when he re-
ceived an opinion from Mr.. Coleman that
the transfer OF the third tracking certif1-
cate from the Manhattan company 10 the
Interborough was legal ne would first
convince himself that the opinion was
sound. Then he would notify the Inter
borough That corporation is prepared
then. as he understands it, Immediately
10 make "A formal application To the com
mission for such a certificate in its name.
The commission would then have 10 pass
on the question and order counsel to
draw up such certificate. Such a task
would not be great. as it would simply
mean substitution OF the words Inter
borough Rapid Transit Company" for
Manhattan Railway Company" wher-
ever the ldlteT dppedtcu
New Hearing Not Likely.
Chairman Mccall said he did lot be-
lieve il would be necessary In hold an
other public hearing on the form OF the
certificates.
Neither Mr.. Gould nor 7. l." Chad.
bourne, jr.. his personal counsel. made
public Yesterday anything that would clear
M their attitude on the elevated GER
tincate. President Shonts OF the Inter
borough sent out word from his office that
he did not care to t TX about the demands
of the Manhattan.
There was plenty OF discussion among
city officials and down in Wall Street yes
terday as to the real reasons behind the
rejection Of the certificate. The document
had been under discussion for more than
year and the rapid transit act was spe
cally amended at the suggestion Of coun-
sci for the company 10 permit the tracks
I'm the Bowery to he changed from the
side to the centre Of the street. Then