Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1915-01-08
ABBOTT W|THDRAWS
LIST OF QUESTIONS
[Continued From First Page1

CONTINUED From First Page1
dignity of the commission. The Incl
dent occurred after one portion of
the applicant fr a rehearing had pre-
sented its end, leaving Mr.. Abbott to
put forward his own side.
When Mr.. Abbott took the floor the
former governor said that there was
a preliminary matter" which in
volve films or fifteen questions by Alb
bott. He said these were based on
the thought that Commissioner John
son had committed an error in con-
sulting with some one. This is an
entire misconception and a misunder-
standing of the functions of the COM
mission and its duties to the public"
SAID he. THE statute, which / fear
you did not examine thoroughly, pro-
vides in section 23 of article 3, that
the commission through its members
nave wide powers of inquiry" He
then read the clause allowing eXami
nation of plant, books, papers, etc,
and held that it was within the power
of the commission to ask any officer
for information which it deemed
proper. So, held the ex-governor,
what DR.. Johnson did was especially
provided for and approved by his col
leagues.
Mr.. Pennypacker said the commits
sion had made inquiry of all State
plies from nineteen States showed that
1t was the practice when necessary to
make inquiry of officials or to confer
with them. The replies will be pub-I
lished for the information of the pub
lie, announced the ex-governor, who
also said bluntly that it was the in
tention of the commission to do in
the future as it has done in the
past. In the judgment of the com
mission, he added, DIR. Johnson had
done what he was authorized to do.
The questions filed were declared to
be entirely irrelevant" and having
nothing to do with any matter the
commission is called upon to deter
mine and ii was suggested that they
be Withdrawn and that if the author
desired they might be sent to the Gov
ernor or Legislature but that as far
as the commission went they were
irrelevant.
Further, said Mr.. Pennypacker, the
questions contained suggestions re-
hectinS on the commission, but the
members were willing to attribute
them to lack of experience, inadvert-
ence or any other thing arising from
the authors thoughts
The ex-governor then suggested that
the questions be Withdrawn.
Abbott retorted in a loud voice:
What / have done / have done de-
liberately and with premeditation
knowing what was written in the act.
There is no act on the books that
allows anyone to confer privately with
one party to litigation. l have no
apology for what have done or said"
DO l understand you are not will
ing to withdraw your questions?" ask
ed Mr.. Pennypacker.
In view of the fact that the COM
mission has had the questions for
three weeks and has taken no action,
you can discard them"
The question was repeated and Mr..
Abbott said that he would withdraw
them and confine his efforts to the
of the State Senate that
Will investigate before confirming
nominations of the commission.
That is entirely satisfactory and
now / wish to touch an another
thing" said Mr.. Pennypacker, who
went on to say that Mr.. Abbott should
present his matters in an argumen-
tative way, reminding him that the
of counsel before the com
was entirely a matter of court
esy. Counsel has no right to repre-
sent, but mas been a means of helping
the commission. "It is merely court !
esy. Up to this time it has never
been a"useG. If YOU will bear that in
mind and conduct yourself according
iy we will hear you with pleasure and
i am here in pursuance of my duty
to my clients. You are here not to |
protect the corporations but to act
as barrier between the people and
the corporations" said Abbott who
then began his argument.
The speech was marked by denun-
citation of the Pennsylvania railroad
for discriminating against Philadel- !
phia in favor of New York" and by |
clashes with Counsel Schaffer and |
Kinter of the Pennsylvania and Read |
ing railroads.
Mr.. Abbott in his argument asked |
that the 5O-trip family ticket be re- |
stored and the use of the 1OO-trip
ticket be extended to use by family |
or servants. This would put Phila-
delphia on the same basis as traffic |
between New Brunswick and New
York. He contended the man living |
within trolley distance was given
benefits and the man further out dis
against. On the line of |
the Reading to Allentown he said, |
the order of the commission was vio- |
lated because there were no 1OO-trip |
tickets on sale. This" he remarked |
to Mr.. Pennypacker, 'is the Perlliomen
branch. mi getting close to
Schwenksville."
Mr.. Abbott went into many details. |
He was preceded by Francis Chap |
man, w. W. Pierson. Raymond Pit !
cairn, G. A. Moore and other attorneys
for commuters iE and about PhiIadel- |
phia, and by Burgess j. Paul McElree, |
of West Chester. In opening these
men split off their cases from others. |
rather emphasizing the difference be-
tween their presentation of the rea-
sons for reopening the matter from
those of Mr. Abbott.
The hearing was continued this af- |
ternoon when the attorneys for the
railroads replied