New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-06
TO LIFT
SUBWAY STAY

Chairman Wilcox and Mr.. Mccall
had a private talk on Tuesday night.
II was in regard to the organization
Of the Public Service Commission and
had no bearing on the merit Of the
subway contracts
II want to take those contracts after
7 am in Office" said Mr.. Mccall. land
begin an independent consideration OF
them. regardless Of what any one else
NAV think about them. Then | shall
ask Mr.. Wilcox if he will be so gra-
cious as TO give me the benefit Of his
long experience in framing these con-
tracts. for i have great confidence in
his judgment
Chairman Wilcox called Mr.. Mccall
on the telephone Yesterday and asked
him If he had read the injunction
order IL told him ] had" said the
ex-iustice. "and that as jurist my
opinion was that it was perfect
| paralysis. so far as any action on the
subway contracts was concerned. he
agreed with me-"
Magistrate John f. Hylan, president
of the Allied Boards OF Trade. OF
BROOKLYN. sent the following telegram
10 Governor Sulzer on Tuesday, it was
learned yesterday:
II is reported that Mccall says ne
will not take the oath OF office to-day.
request YOU on behalf of the people 10
sion the deal by ordering Mccall TO
take oath Immediately. There is still
time. This delay, il true. will look az
if Mccall and others are IN scheme 10
deliver the people TO the traction IN
tercsts.
There was report around Yesterday
that Governor SulZer had sent word 10
Mccall that unless he took ms oath OF
office Immediately he had better resign.
Mr.. Mccall smiled at the rumor. lie
said he had not heard Of the. Hylan
telegram. and when il was read 10 him
he laughed heartily at the suggestion
that he he ordered 10 take the OATH.
He said he did not think. however. tnat
any discourtesy was meant to nm.
Shearn Was Turned Down.
Have YOU heard from Governor Sui
ger to-day" Mr.. Mccall was asked.
Yes. he talked to me on the tele-
phone a little while ago."
Did he suggest that YOU take the
oath Of office Immediately
No"
He considers. does he that you will
take the oath as soon as it may he
necessary"
Yes"
Mr.. Mccall added that Governor sui
ger had called him up 10 say that Clar-
ence J. Shearn. counsel for John J.
Hopper and William Randolph Hearst,
had talked t. him on the telephone, Mr.
Shearr complained that he had asked
the Public Service Commissioners for
copy Of the contracts and they had re-
fused 10 give it 10 him. lie asked
the Governor 10 ask MI Mccall TO see
him. Mccall told the Governor he
would be glad 20 see Mr.. Shearn.
So the latter went TO the ex- jus,ices
chambers just at the time when the
argument for the vacation Of the in
junction was due before Justice Hen
drick. He had representative ask
Justice Hendrick to adjourn the hear
ing Of the motion from $50 10 O'Clock,
which was done.
.-aearn was much excited when ne
went in TO see Mr.. Mccall. lie re-
peated his complaint that he had not
been able 10 get copies Of the subway
contracts from the commission. Mr..
Mccall told him he saw no reason win
the contracts should not he available
for any one after they were completed.
Later when he heard that the contracts
had not been ready at the time SheaTn
ferent"
TO the urgent request Of Mr.. Hearsts
lawyer that he take the oath OF Office
Immediately Mr.. Mccall answered as
he had TO others. that so long rs the
court stay held he saw no reason for
haste. He thought some people were
getting unduly excited
Justice Vernon NJ Davis. before
whom the Hopper injunction is to be
heard to-day. visited Mr.. Mccall, but
he declared the call was a purely per
sonal one. He had not had opportunity
to congratulate the judge OH his APP
poiptment before. They had not talked
subways. he said.
will YOU hand down a decision at
once Tomorrow. or will you probably
reserve decision for three or four
days. Justice Davis was asked
The matter seems to be pretty well
involved" he replied. Il am not at all
Informed on the matter. do not see
how 7 can hand down an immediate
decision, unless the entire matter is
made so lucid to me that il requires no
more study
Refuses to Vacate Injunction.
Justice Hendrick refused 10 yacate the
injunction that lie had granted on Tues
day. after lengthy arguments were made
before him at 4 O'Clock in the afternoon
in Special Term, Part II. Counsel for the
Public Service Commission had got him
10 promise In the morning that he would
hear such arguments az $50 O'Clock Mr..
Shearn. counsel for the plaintiff, was no.
tifed.
AZ the time set George \. Coleman,
counsel for the Public Service Commits
sion; Corporation Counsel Watson: Nor
gan j. o Brien. who. az counsel for the
Pennsylvania Railroad is interested In
the dual contracts, which provide for n
Seventh avenue line; George ID. Yeomans,
OF the Brooklyn Rapid Transit Company:
J. L. Quackenbush, OF the Interborough.
and Mcdonald Dewitt, OF Mr. Shearn's
office, were present. Mr.. Do Witt said