The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-11-20

<uWatu H. ltNdl vi tlc
Public Service Commission thinks that
the charges made against him by the
Thompson legislative committee are 70
indefinite az to make II impossible for
him to answer them and he has written
a letter to To- whitman to that eff ect.
This letter the Governor sent to Senator
Thompson and II was read into the
record Of the committee yesterday.
After quoting several passages from
the charges fled by the committee Judge
| Mccall said In his letter to the Cover
nor:
II think q moro reading Of the above
quotations from the charges will n
vince you ~ a lawyer that they are SO
absolutely indefinite and devoid Of speci-
hcation as to make II impossible for me
to mako other than a general answer.
This. I think, 10 unfair both to you and
me in hat the joint committee in formu-
lating charges shoud make them sufii-
GENTLY specific 10 that you as the official
charged with the hearing may under
tan the precise nature of the COM
plant. and I AZ the oficial complained
Of should nave the charges in such form
that l can answer them specifically and
In suficient detail"
whftmau Lacks Information.
Gov. Whitman replied that he did not
have the charges before him and prob
ably would not have them until the day
set for Judge McCalrs hearing. This.
he said, would make 1t impossible for
him to supply the Judge with more
specific Information. but he would refer
tho letter to the Thompson committee.
He said also that II on hte hearing 1t
appeared hat Judge Mccall had not
been supplied with the information he
desired he would receive an opportunity
to get II. The date Of the hearing Is
November 80.
the record Senator Thompson eaid that
the committee was preparing and would
forward to Judge Mccall within a few
days all the information he desired.
One Of the charges against Judge Nc
Call 10 that he acted contrary to the
interests OF New York city and the people
OF the State In the matter of an applica-
ton by the Edison Electric Illuminating
Company Of Brooklyn for permission to
buy 122 shares OF the stock Of the Ans
terdaan Electric Light. Heat and Power
Company. Although Judge Mccall did
not vote on this proposal. because OF his
W 2IlcE Wv nc siiP VI stoNN III w iib
County Electric Light and Power Com
pany. Of which the Edison company is a
subsidiary. II Is alleged BY the Thomp-
| son committee that he aided by his power
and influence as a Commissioner in get
ting the application Of the Edison COM
pany granted.
Maltbte Explains Vote.
In view Of this fact the testimony
yesterday of Milo Il. Maltbie. who was a
COMMISSIONS at the time the applica-
ton was granted. was very interesting.
Mr.. Maltbie was one Of the Commits
sioners who voted to grant the applica-
ton. When asked to explain his vote
he said hat from the time the applica-
ton was made he had opposed 1t be-
cause the city at that time was seeking
to recapture the franchise of the Ans
tcrdam company and had taken the
matter to the courts in an effort to show
that the franchise had no real existence
as such, but would become such IL the
| Edison absorbed the Amster-
dam company.
He said that while the application was
pending before the commission and
while the city's action was pending be-
fore De Lancey Nicoll as a referee the
lawyers for the Edison company kept
uVtIlk Hlul dIh tNt Otit SolIitll4SSltll-
ers TO act. The only question in his
mind. he said, was the question OF IA
merger. He said he consulted Cor
porat!on Counsel Polk and that Mr..
Polk agreed with him that there woul
be no harm in granting the application
II a merger were prevented.
He then went on to explain that the
order granting the application speciii-
cally provided that the sale OF the 1872
shares should not constitute a merger
and that ne voted for II.
Il think" said Senator Thompson,
that the Corporation Counsel was more
tn blame then than the Public Service
Commission"
1t is taken for granted that in maxi
ing ms defence before GOV. Whitman
Judge Mccall will not fail TO point out
that Commissioned Maltbie, whose mo-
tlves the Thompson committee has
never assailed. believed that the order