New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-11-20

Of their meeting yesterday, Commits
sioner Wood moved that the Third
Avenue repair order be referred 70
for advice as to what action
the comission should take.
A red hot verbal "scrap" between
the chairman and Mr.. Hayward fol-
lowed, during which Mccall questioned
the statements of Hayward in the most
positive manner without applying the
we'll known short and uglier word"
Wanted Counsel to Act.
Mr.. Hayward said that, because Of
the statement Of the electrical engi-
neer Of the commission that the Third
Avenue Company had not complied
with the commissions order, he moved
that counsel be instructed TO resort to
remedies given by law for violations
Of such parts Of the order on which
the commission had not extended time.
II want to know before ! vote for
this motion what will be the back
action" said the chairman. ~ want
to know whether I am justified in put
ting myself OH record, and l am not
going to ultimately make An ass Of
myself an reflect on this commission"
Continuing, the chairman ss'd he did
not care a snap of his fingers about
the proceeding.
~ do not propose to have this COM
mission put in ridiculous light when
it gets in court" he went on. II want
my record TO show exercised common
sense in the matter, and l won't be
carried off my feet.
Just see the attitude Commissioner
Hayward is trying to put this commits
sion in! pass no comment on IL, but
look at the result of the motion; be-
cause an electrical engineer reports to
this commission that some work re-
quired, by the order was not done ne
moves that counsel take proceedings
for any civil remedy or for a remedy
which is vouchsafed by the statute to
punish them without any legal search
Of the record TO find whether or not
there is a case against them; though
admitting the fact that the work is
not done, there might have been legal
justification, or the facts do not war
rant the action.
Demands Common Sense"
What man Of common sense will
vote for such resolution as that? Is
there any reason why we should not be
told whether or not. on the advice of
counsel, this record is sufficient to 90
to court with, and not simply upon the
report Of an electrical engineer that
some work is not done? If we rush
ourselves into a moose it is ridiculous
and absurd.
81 want TO tell you. in the Third Ave-
rue case, II sat as judge would take
you BY the scruff of the neck and I
would throw you into the middle of the
street If you came into me or made
complaint about it. want common
sense where l am acting. You gentle
men may do as you please. | won't
vote on the question Of an electrical
engineers report. The mere fact that
the work is not done should not be
the ground for this commissions going
into court of justice as complain
ant"
Commissioner Hayward insisted that
the report of the commissions engi-
neer showed that the order had not
been carried out, and Mccall was as
knowledge OF such n report. Commits
sioner Woods motion TO refer the
question was carried. three to one, with
Mr.. Hayward protesting.
Maltbie Aids Mccall.
At the hearing Of the Thompson
Committee yesterday ex-Commissioner
Milo R. Maltbe proved so good wit
ness in McCalls behalf in testifying
about the Edison 'company's purchase
of the stock of the Amsterdam COM
pany that Senator Thompson said he
believed the Corporation CounsePs Of
fee was more to blame than the Public
Service Commission.
One Of the committees charges
against Mccall is to the effect that he
aided in securing the approval of the
purchase of 1872 shares of the Amster-
dam company's stock by the commits
sion. Mr.. Maltbie said he voted for
the approval also, but only after Cor
poration Counsel Polk had told him
that there was clause in the order
which protected the city's rights in the
litigation then pending in the courts.
Mr.. Maltbie said that Mr.. Polk and
ex-Judge Hatch had told him that the
approval of the sale of the stock did
not mean an dppIoHdi VI q iti sSi va
the two companies. The case had
dragged for two years, he said, and
Mccall had not consented to the COM
mission passing on it until the clause
protecting the city had been inserted
in the order.
Mccall refrained from voting when
the case came up, Mr.. Maltbie said.
The chairman, he asserted. never voted
when an Edison case or Kings Coun-
~ Light case was before the commits
sion. He said he did not know why.
although he always made 1t point TO
remind Mccall for fear he would for
get.
williams Resents Accusation.
A lively tilt with Commissioners Will
Jams enlivened the afternoon hearing.
Senator Thompson accused the Public
Service Commission of soaking" COM
petitors of the lnterborough, and cited
the Manhattan and Queens Railroad
case, in which, he said, the company
was given nine hours to comply with
an order. Williams resented the accu-
sation, and asked that il be stricken
from the record, but Senator Thomp-
son insisted that il stand.
81 resent that remark very much,
Commissioner Williams said, "and |
will not go on if insinuations like that
are made. The Interborough is no
more TO me than it is to you"