New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-05
Official Replies Tartly.

&C 2, tbr nractice OF having the con-
no,,.. %, whether or moi they wou'n
sccent Tho orders He thought il na'
becp rule adopted by the commission,
bofore he Joined IT. and apparently ".u
mot know that the practice was 'alu
down IN the law until counsel READ 'h"'
section. ..l.rs !,
would prevent their getting "f't OIL
certiorari," said Mccall r,-,,
"Hasn't the commission conhd.e,rCe ~
i,s ability 10 enforce its orders oToA9
in Senator Thompson. .l;,d
The chairman got rcd as he rep'eu
in a loud voice: .cao,oe
~ our ability to enforce our orders
IN .ncaking CT the possibility o.
.oy,rc tho regulation OF telephone
rates in this district placed unGer Gu
troll Of this commission McCall SS'u.
"Vithout attempting to say ! nay
made deep study Of the case | cou.V
never understand the phllosopn! 81
the situation where you pay NO, 'ha
rate on a fair basis here ana tnen ~. ~
if 70 meet losses in other parts OF '"'
state d;rc formal
cases uNQ0r cons lh' "''N'' -. od
co,,r,;ssion. the chairman enumetd.eu
10 u r r and marlborough service
C,sos tho Intcrhorough composite car
80 an Edison rate case and Two ga
cascs he said his idea was IN the iul-
Trs NOT TO Wait for complaints put 70
bayo = general survey Of service a. ne
bsd done on the B. r. T. recently.
Thompson Gives Sly Dig
THAT hearing order has been issueu
since YOU have been mere, SaIu INC
chairman. ,L.,, ,.o,, any
if we decided 10 remain ne''
the quizzical Thompson IL,
A. usual he got the chairman r'''u'
His reply was: .lol ,ho
incentive of a legislative committee 20
makn him do his work ought not TO De
Here Senator Mills took hand in
the questioning.
"You ordered an investigation IN tne
Rrooklyn Rapid Transit service because
Won thought conditions we're bad -,
"WeIl. Fl showed that they were pad
THE report was pretty severe IN
d;ctment Of the service. II goes back
three or four years. Why didn't you
do this before
w Then if vas that Judge Mccall came
out vita his clean bill OF health Iof 'he
Brooklyn Rapid Transi:., .,;..
Squarng back in his ChaIr and POM
ing his finger, he said deliberately:
~ am not one Of those VINO oeLeVt
the B. r. T. is not doing its Level pes.
on their service. | do not thinH .he
officials are sitting down ana deIIp,I
ately and wilfully violating our orders
Conditions restrict them.
Quick to see his opening, senator
Mills shot back: 49,
Would you say the same lo' '"'
lnterborough 10
was not more emphatic at any t'ihe
during the day. ro,,r
ON the marlborough order Of four
wears ago and its repeated violation
Chairman Mccall fell back on inc
etateu.nt that Commissioner Eusus
had il in hand until he left the com
mission. Since then he ought TO nave
known about il, but had 10 confess ne
had no knowledge Of the state OF al,
fairs until sixty days ago. II ne nan
known il he would have enforced tne
orders. But he did rot have time 10
look into such things unless they were
called to his attention.
Bowie a Mat Of Mystery.
As for Edward F. Boyle, appointed
70 acouaint him with such matters. inc
chairman was forced 10 admit that nc
told him nothing about II.
II was perfectly ,nscious, ne saiu,
"yhen I went into the commission !
would have TO devote myself to CON
struction. ! asked the commission 20
bring in Boyle that ne might go
through the commission ana suSges'
remedies He told me the transit ou.
reau had been run for some time ~
a headiess way, since Mr.. C0nHe''e
had left. He said II ought 10 nave
responsible head. ,, p,
"Whv is it that this man WORKED TO-
eight months and | am not ape !"
End a line about anything ne ana
asked Hayward. to .. r
"He made no report. so iar az
know We did not expect him TO leave
so soon. or he might have done so.
Don't YOU think there was some
ching wrong in your system, asked
senator Mills. which made II possiole
Tor Won 70 be in the commission elgn.
teen months before you knew soou'
this InterborouGh matter!
The chairman asserted he had tound
willingness on the part OF the o. N
7 and marlborough officials 10 CO
onorate. which was opposed 10 Wnst
Travis n. Whitney and Cnlet ClerN
Daccett had said In general wa!
ne would say that 20 per cent OF the
informal complaints would appeal TO
ary sensible man as not being well
founded ;..;o,
Mccall was asked il the commission
was pogerless so long as the pehsIty
clause was in the law. Inc so'ooo pen
alty. he replied. vas deterrent a. !.
gave an enormity 10 the onehce tns'
mad. iuries seek for & chance TO aequt'
n. suggested change IN the Jaw ~
make the penalty small.
HAY on Commissions Acts
"Ubst in the world makes you thinH
tho commission has 20 sue for So,VOV
asked Hayward. Evidently the witness
did think so. but he caught on
quickly when the law was read 10 snoN
that il was simply a maximum pehsIs
20 be asked. He got around IL py say
ing that so long as IL was the MAXIMUM J
the commission had 20 ASK the Anhou"'
or be accused Of weakness. VI.
As Cor the preparation OF me M
ridge penalty case, thrown or
court for poor pre-. aration, McCAIl sAIu
he did not agree with just. scott o.
The Appellate Division that inc ord't
had no marks OF verify. Ho"e|tI'
there we're other weaknesses IN the
case. ,s.r,,,,
proceeding. just brought 20 lolse me he