The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-12-07

r. Mccall Of the New York city Public
Service Commission was removed from
once at o'clock tonight by Gov. Whit
man. McCalrs successor to serve his
unexpired term OF two years will be
named BY the Governor Tomorrow.
Commissioner Hayward will be desg-
mated to serve temporarily as chairman
Of the commission. 1t Is expected that
Commissl oner Hayward's designation
will be made permanent.
Judge McCairs removal became ef-
fective when Gov. Whitman at z o'clock
had the formal notice fled In the office
OF the Seer fetary OF State. It 10 not
necessary to serve this order on Judge
Mccall to make 1t effective. and he
ceased to be a Public Service Commits.
sioner the moment It was fled
This is the nrst removal under the
provision In the public service com.
missions law which Charles E. Hughes
inserted when he framed the law per-
mitting tine Governor to oust q Public
Service Commissioners without the con-
sent Of the Senate.
Judge NcCalrs removal was based
he had not divested himself of the
ownership Of 3s7 shares Of the Kings
County flectric Light and Power Com
pany.
II find that this charge In sustained" :"
said Gov. Whitman In his opinion, "and
l direct the removal of the Commi ssioner
Having sustained this charge the other
charges ana specifications hereunder for
the purposes Of the record and in con-
formity 10 the statutes are hereby dis
missed"
Other Charges Trivial.
As matter Of fact Gov. Whitman
considered the other charges as Of little
substance and they would have been
dismissed and Judge Mccall retained in
office II he had been able to convince the
Governor that he did not own this stock
al present.
Gov, Whitman intended TO defer the
announcement OF Judge McCan's re-
moval until tomorrow afternoon. when
ne would at the same time make public
the name OF his successor. He changed
MS mind, however. early this evening
and II was announced that his opinion
In the case would be ready for publica-
ton at o'clock. The Governor met the
newspaper men at the Executive Man
sion at this time. interrupt!ng his din.
ner to give them his decision.
The Governor had worked for the
past forty-e!ght hours on the decision.
He spent all day Saturday. the greater
part of Saturday night and all day to-
daI az the Executive Mansion framing IL.
Tbs is Gov. Whitman's formal order
removing Mccall:
In the matter of charges preferred
against Edward +. Mccall. chairman
OF the Public Service Commission OF
New York for the First District
Charges OF misconduct in Office and
neglect of duty having been preferred
aga Inst Edward +. Mccall. as chair
man of the Public Service Commission
OF the State of New York OF the First
District by the joint committee OF the
Senate and Assembly appointed to in
vestigate the Public Serv .ce Commis-
sion of the State of New York and
copy Of the said charges having been
served upon and given TO the said Ed
ward T.. Mccall on the 18th day Of
November. together with a notice and
summons fixing the 3Oth day of No
vember. 1915, at the Executive cham
ber in the city Of Albany as the day
on which he would be afforded an op-
portunity OF being heard in his de-
fence, which hearing was. upon re-
quest Of the said Edward +. Mccall.
postponed until Friday, the Sd day
ofeDecember. 1915. on whicl. day the
said Edward +. Mccall was duly
heard. in accordance with law, on the
charges preferred against him.
Now therefore. the public interest
requiring IL. 1t is hereby ordered that
the said Edward f. Mccall be and
he il hereby removed as a Public
Service Commission of the State of
New York for the First District.
Given under my hand and the Privy
Seal Of the State at the capital and In
the city Of Albany on this 9Th day
OF December in the year Of our Lord
nineteen hundred and fifteen.
CHARLES 8. WHITMAN.
BY the Governor:
WILLIAM A ORR
Serretary IN M, Gny.rpnr