The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-11-10

his actions as a Public Service
Commissioner than II he had never heard
Of the Kings County Electric Light and
Power Company.
The inquiry then shifted 10 an appll-
cation made to the Public Service Com
mission by the Edison Electric llluminat-
ing Company of Brooklyn for permission
to acquire 122 shares OF the Amsterdam
Electric Light, Heat and Power Com
pany. The Edison company Is a sub
of the Kings County Electric
Light and Power Company n at that
tim owned all but the 122 shares of
the outstanding stock of the Amsterdam
company. At the time the application
was made Assistant Corporation Counsel
Burr had attacked the validity of the
Amsterdam company's franchise and the
OF this matter was still
before the courts.
Reading from the records OF the Pub
lie Service Commission, Senator Lewis
showed that Commissioned Maltbie held
a hearing Oh the application of the
Edison company on November 6, 1912.
No further action was taken on the
application until july "a, 1914, the day
after a letter from william +. s'heehan.
counsel for the Edison company. to
Coinmis sioner j. Sergeant Cram COM
planned of the delay. This letter, refer
ring to "A ak which Mr.. Sheehan had
had the day before with Commissioner
Cram. stated that the application was
being opposed by Mr.. Burr Of the Cor
poration Counsel's office on the ground
that the Public Service Commission
should AXE no action while litigation
was pending in the courts on the same
matter. MIR. Sheehan also said thai
G"..t. ,ttfgCtu,ar Alaltlt. xsaA bAIlt,.r ,n
a decision for this reason. and that
the Edison company was preparing to
mandamus him II he delayed longer.
Didn't Vote In Lighting Case.
ON July -. 1914, a day after COM
missioner Cram got this letter. the Pub
lie Service Commission. Judge Mccall
being absent and Mr.. Maltbie in the
chair. fixed July 30 as the date for
final action. Accordingly. on that day
action was taken. four OF the Commits
sioners deciding to grant the applica-
ton. The record showed that Judge
Mccall did not vote.
"Do you recall why you did not vote
vi that; OCCASION inquired Senator
Lewis.
VERY distinctly" said Judge Mccall.
THE matter had come up In committee
of the whole and what prompted me to
ask ] do not know. but I did ask Com
missioner Maltbie II this application had
anything to do with the Kings County
Electric Light and Power Company. He
said Il did Indirectly. | said then hat
I would not vote on Il because before
! became a member OF the commission
| had owned stock In that
There was no legal reason why I
should not, but l refrained from vot-
ing"
This provoked scores OF questions.
Efforts were made TO find Il stenographic
record of what was said In
of the whole. Other efforts. equally
unsuccessful. We're made to find an opin-
ion on the application written by Com
missioner Maltbie. Judge Mccall stuck
To his assertion that he knew nothing
about the matter ut all. except what
he learned from Mr.. Maltbie a few
minutes before the formal vote on the
application was taken.
Ibid the letter from Mr.. Sheehan
p~recipitate action in this matter"
81 don't doubt that IL did. II would
have had weight with M ~ 7 learned
that the matter had been pending for
two Years"
Did you feel any d~elicacy about, vot-
ing on this matter"'
Not IN the way Of legal inhibition.
: felt IL delicacy in that 1t might be
ethically Objectionable II I should vote"
\ number of Hypothetical cases were
then put to Judge Mccall TO find out
when hc would and when he would not
have voted. His were summed
up in the assertion that he would not have
voted In any instance 'if I had felt that
officially, morally or legally | should
not. ! acted In this case just as any
Judge would where the interests OF his
family were concerned"
Commissioner Cram Qui,sed.
Then came Commissioner Cram AMI
the frs, question was whether or not he
remembered IA conversation with Mr..
Sheehan On July 30. 1914.
81 don't remember the conversation"
"Did you see Mr.. Sheehan on that
date
Undoubtedly. I should Judge so from
the letter.
DO you remember the letter."
Il do not"
"Did you show the letter to the COM
mission
II don't know. I know I did my duty.
that's all"
"Did Commissioner Malthie write an
opinion on his application
IL don't know. He probably did. He
was very fond OF writing opinions"
The letter says Maltbie refused to
decide"
We'll, that's a trivial matter"
81 want to know what you know about
this subject"
II don't know anything about IT,"
d you want to leave that on The
record?'
I think this committee is very unfair.