The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-28
HAYWARD REUSED
AS P. s. G. BLOCKS
CAR NOISE ACTION
Prosecution Of Third Avenue
Line for Violating Order
OutvOted 3 to 1.
EXTENSION OF TIME
FOR REPAIRS GRANTED

The mounting Indignation Of Col. Viii
lam Hayward over the acts OF his fel-
low Public Service Commissioners found
vent yesterday after he had been out
voted 3 to I on his resolution calling for
prosecution OF officers OF the Third Ave-
nue. Railway Company for violation OF
an order of the commission. ny ex-
tending To December I the time for
track repairs originally ordered for Octo-
Der l.. the commission, according to
Col. Hayward. repealed the public SER
vice law" and made 1t impossible for
any one to prosecute the company.
Mr.. Hayward. after the meeting, vol
unteered this story Of the situation For
a long time there nave been complaints,
particularly from apartment houses
hotels and theatres, that broken rails
and ~corrugations on the tracks OF the
Third avenue system made the cars in
sufferably noisy. Our experts fixed the
time In which the repairs could reasons
ably be- made. and ON May 81 the COM
mission unanimously adopted an order.
upon recommendation Of COMMISSIONS
Wood.
"Both Edward a. Maher, vice-presi-
dent and general manager OF the rail-
road, and 4. A. Maher. Jr. his assist
ant, agreed to The order. The company
and the commission were of one mind
II was stipulated hat certain repairs
should be completed by October l, others
BY November 1. n so Oh
"All summer complaints continued TO
pour In. ] had them investigated, and
virtually all were justified. kept tell
ing the complainants that we had Issued
a comprehensive order and that the
work would be done In good time.
"But October I came along and Elec-
trical Engineer Wilder reported that "A
large part of the work that was TO v
been completed by October l had not
ever been started. Y. A.. Maher. Jr., hrst
denied. then admitted. that this was
true. Mr.. wilder found that the order
affecting the Forty-second street line
from river to river had not been fully
complied with except between Fifth ave.
nue. and broadway. Phrases from MS
report are rail patched '~corrugations
not removed and still in same condi-
tion.' Apparently the company only
had lone only enough to keep Its cars or
the tracks.
ODfn UletllVE lltl Ills iila "'' "
default OH this order of May 81 and thai
N knew In August that the WORK
wouldn't he done. He had never com
munica ted with the commission, never
aeked for an extension of time. II was
apparent that repairs ordered Tor NO
vember | would not be finished then.
$50 to-day | moved that our counsel be
directed TO begin suit against the rail-.
road company. The law IL plain and
mandatory. II says that when In tht
opInion OF the commission "A railroad is
failing or about 10 fail to obey an order
the commission shall direct counsel &c
begin legal proceedings. either a clvi
suit or prosecution for misdemeanor. My
motion simply carried out IA mandate o'
the law.
..The motion was beaten by vote OF
Commissioners Mccall, Williams ant
Wood. Mr.. Cram, who probably would
have stood with ne, was absent. Having
spanked me thus the three Commits
aioners proceeded to extend 10 December
I the period for repairs that were e
have been finished by october l. Thi'
was in the face OF Mr.. Maher's state
mert thai part Of the work couldn't III
done in less than three months an
wasn't even started.
1.-THE result is that nobody can star
legal proceedings against the railroad
for the Public Service Commission by III
vote to-day has imnunized the railroads
officers. That is. the time OF the orde'
being extended, the failure OF the com
pany to obey 1t is no longer a violation
A. tried a while ago 10 make IN
criminal part OF the law stick against 81
oficial OF the II. II. T., the other Com
missioners didn't nan to leave the iiel'
open for me TO try again.
"The truth is that the company hasn'
done "a single thing that IT wouldn't hay
done II there were no order. The orde
has had no more effect than the win
blowing.
"Obviously Mr.. Maher has been delay
ing the repairs 50 he wouldn't have I
make them before frost. came. As a re
sult OF the commissioner action tO-da
the work will have to 20 over unit
spring. Meanwhile cars are still bounc
ing over broken rails. They will con
tinue to do so all winter"