The Washington times., 1915-12-07
HAYWARD IS SLATED
FOR INGALLS, JOB
Acting Head otNeW York's Pub
lie Utilities Likely to Get
Permanent Designation.

Commissioners Hayward today took
charge Of the commission, following
the removal by Governor Whitman
of Chairman Edward L. Mccall. The
governor planned to name at once
McCalrs successor for his unexpired
term, and 1t was understood that
Hayward's designation <would be
made permanent.
Judge Mccall was removed chiefly
because he held :S7 shares Of stock
OF the Kings County Electric Light
and Power Company. Many other
charges were filed against him, but
they were considered trivial by Gov
ernor Whitman.
1t was contended by Judge Mccall
that he transferred the stock In
question to his wife prior 70 his ap-
| pointment as commissioner. Govern
or whitman decided the evidence did
not substantiate this.
Judge Mccall would not discuss his
| removal.
"I have nothing to yay." was his
| only answer to every question.
Governors Views.
| Governor Whitman in his removal
order summed up the case as follows
| "Tt Is conceded hy the commission.
er that prior to his appointment as
public service commissioner. he was
| the owner OF 3S7 shares OF the stock
OF the Kings County Electric Light
| and Power Company: that the stock
stood .nd that 1t still stands in the
name OF John ]. Mackin; that the
! Ger rtificetes were indorsed by Mackin
| in blank within week after they
! were iss.l,d; that the checks for div
| idends vere made payable to the or
der OF Iohn J. Mackin and addressed
20 and "tceived by him regularly at
| the cornty court house. New YORK
| county: that Mackin did not know
any II ore about it than a child in tho
! craGl,': that Immediately prior to
his arro:ntment as commissioner he,
| Mccall. transferred the said stock to
Ella Gaynor Mccall; that such trans
f4r was occa stoned by the statute
al done for that purpose; that he
cruiu not fix the exact time of the
He" ed transfer of the stock 10 Mrs.
I M,"'ull; that the certificates continued
~ he name of Mackin: that no CON
Iteration was paid in cash by Mrs.
1 Mccall; that the dividend checks cor.
| tinued to be indorsed by Mackin ana
| were indoSed for deposit by Ella
Gaynor Mccall; that the payment o:
fer TO Mrs Mccall was entirely over
looked; that no stock transfer tax
| stamps were affixed to the assign
| ment of said certificate; that the
| Franklin Trust Company, the trans
| Ter agent. had no notice OF any such
| transfer; that no written memoran-
DUN OF the transfer of tho stock to
| Mrs Mccall can be found: that he.
| Mccall. had the impression that he
had made a pencil memorandum not
in connection with any legal obliga-
| tion. but as information of the facts
McCall's Word Alone.
There is nothing before me which in
any way evidences the transfer Of the
stock from the ownership Of the COM
missioner to that of his wife. except
the commissioner unsupported state
ment, and while | have no desire to
question the truth of his statement that
he intended to transfer the stock to his
wife, there Is no competent evidence
before me to show that such transfer
was ever made.
1t would have been an easy matter
for the commissioner to have hlled in
the name of his wife in the blank on
the certificate. which was already
Endorsed by Mackin. The provisions Of
law relative to the transfer are sim
pie and clear. and there Is no evidence
| anywhere OF the SIEnteSt desire to COM
ply with the elementary legal require
ments. I do not believe that a transfer
within the'mean'ng OF the law was ever
| made.
h Another Law Violated.
| "1f we assume that there was such a
transfer we have this situation-a for
mer justice Of the supreme court. when
one offense Is charged against him. Of
fers as defense that he has committed
another II 1t be true that he trans
ferred this stock to his wife and that
he wrote a memorandum at that time
setting forth his purpose to transfer.
his failure TO pay the tax required by
law was crime for which he could be
imprisoned for SIX months. or course.
the fact that the statute OF Limitation
protects him now from prosecution ha s
no bearing upon the question involved
am entirely willing to accept the
statement that his carelessness. which
covered q period of two years. Is alone
responsible for the compromising sit
uation in which he is placed"