New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-04
Chairman of Commission
Goes on Stand To- day
TO Face Hayward.
WILL SIGN WAIVER
IN PRIVATE EARLIER
Secretary Whitney Admits
Not Enough Was Done to
Get Respect for Orders.

Judge Edward +. Mccall. chairman
1.-The Public Service Commission. will
.,se the stand before the legislative
.,ves.igatnC committee 81 10 O'Clock
his morning. William Hayward. coun-
.s- Of the committee, is preparing 10
.,rus, tic probe deeply. not only INTO
ny. NcCa'.'s knowledge Of the public
.er.ice and rapid transit laws. but also
% 20 bis familiarity with the actual
results o. che rcGulstive activity and
he present condition Of the conStrue-
.or oo.s.
When Ju0ge Mccall goes on the
,tsnd the first question Of counsel will
not be. as is so often the case in in
obligations of this character, as to
,hcther or not he is willing to waive
immunity. Nothing will be said about
H. But rcpOSing in Mr.. KayWard's
-ocket will be duly signed waiver Of
immunity. such a. he got i'm advance
rom Travis II. Whitney and George
8 Daggett, tho only other witnesses
t,amlDci thus far.
N- Hayward has received assur-
-7ce- from all the members OF the com
mission and members of the staff who
sill he asked 20 testify that they will
privately sign the waivers before they
co on the stand. He took this course
Quietly. so s. not 70 embarraSs the wit
resscs by any questions Of that nature
70 public
Waivers prcCaution Measure.
10 may he stated that Mr.. Hayward
has nothing IN his mind at this time
which might make the waivers Of value
IN the future. He is simply getting
.hcm as measure Of precautIon, so
nat. & something should turn up. il
may not be said that he deliberately
failed 20 safeguard the case of the
public
"S,rictcr orders in formal complaint
cases and more vigorous prosecution
for failure 10 obey the orders of the
commission.
These were the measures that might
he taken bv the commission TO obtain
better results in the regulstIve work,
according 70 Mr.. Whitney. secretary.
who 9as on the stand all yesterday.
"Who on the commission Institutes
prosecutions >" asked Mr.. Hayward.
The legal department under the d.
rectIon Of the commission" was the
reply
il was with evident reluctance that
Mr. Whitney made these statements.
and when Mr.. Hayward jumped 10 the
conclusion: "Then II is your opinion
that the commission itself IS 10
blame 90 the secretary appealed 10 the
chair as 20 whether or not he had 10
answer.
An Astute Young Man.
The question was not pressed. But
Senator Thompson. chairman. remarked:
"The committee will take judicial
notice Of the fact that you are a very
careful and aStute young man.
In reply 70 a question as 10 wnetnei
he was not laboring under some EN-.
bsrras-mcnt in testifying because Of
he confidential relations with the com
uI,s.oncrs. Mr.. Whitney denied that
such was the case.
How futile was the policy OF the
commission in trying TO secure proper
crvicc from the companies without
-o,rc 20 the extreme Of legal prosecu-
Ions. which il did not do. was vivldly
shown In the afternoon, when the rec
ord % such attempts was put before
The committee.
II seems that the commission issued
an order directing the lnterborOugh
Rapid Transit Company to improve its
service on the subway, beginning IN