New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-05
WILCOX HALTED BY
SUBWAY INJUNCTION
Continued from first page.


upstairs to their private rooms
Upstairs were President Williams
George d. Yeomans, counsel, ana o'"e,
representatives of the Brooklyn hapiu
Transit Company: Richard Reid Rogers
and j. l.. Quackenbush, OF the inter
borough's legal staff, and Boroush
President McAneny, counsel TOT INC
Public Service Commission, was caiieo
in and conference began.
Soon a report was spread that apph-
cation would be made to Justice Hen
drick to vacate his own injunction I'M
mediately. Mr.. Shearn, the Hearst
lawyer. hearing the rumor, went at
once to the chambers Of the justice,
who awaited to receive any motion that
might be made by representatives for
the city.
But this is what happened: Learn
ing that the Appellate Division was IN
session, counsel TO the commission
jumped into motor car and were car
ried swiftly to the court, Just off Madi-
SUI GUudlt. w llil MI. ,Oltlilhll lhti
were Leroy T. Hardness and o. c.
Semple, Of the commissions staff, and
Louis II. Hahlo, Assistant Corporation
Counsel in charge Of the. subway work.
Representatives OF the transit compa-
MES also found their way to the court
room. The subway case had to wait
for about an hour while other causes
were heard by the court.
Reviews Subway Progress.
1t was q o'clock when Mr.. Coleman
arose In response TO the query Of the
clerk as to whether there were any
special motions. After briefly outlining
the state Of affairs he asked that the
Injunction be vacated by the court. He
added:
The Public Service Commission ex-
rected TO approve the contracts to-day
II they were ready. This Injunction.
providing as IL does for a stay until
Thursday. will prevent any action to-
day. Judging from statements in the
public prints that is the last day on
which Chairman Wilcox will be in
once. He has worked for these con-
tracts for five years and the transit
committee OF the Board OF Estimate
mas worked on them for three years.
Mr.. Coleman reviewed the struggle for
DETER transit facilities. After all the
details were agreed upon he said. the
Legislature was asked 10 provide relief
on doubtful points. The action by the
Legislature was bitterly opposed. Hear
inss were held. Mr. Shearn appeared
there as counsel for Mr.. Hopper. Both
spoke. | can say that they took I'D more
time than any one else. for 1 was there
After the legislation had been passed
II was attacked IN the courts as uncon-
sutuuonal on the ground that the city
would be lending It's credit 10 a private
corporation In going into the proposed
partnership with the companies The
Court OF Appeals decided In favor OF the
city.
Some twenty-seven points in the pres
ent complaints are taken verbatim from
the complaints that were submitted I'm the
suit. In which the Cour, OF Appeals de-
cided against the lltigants"
Mr.. Coleman stated that the Board OF
Estimate had not been entoIned The
court adjourned and went into conference
Five minutes later the clerk received a
communication from Justice Ingraham
and said to Mr. Coleman:
The court refuses TO interfere"
After Chairman Wilcox had learned OF
the failure 10 have the injunction vacated
he was asked NJ his home:
What DO you intend 10 do now?r