The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-11-23

action tho engineer in the employ OF the
Public Service Commission will DO neccs-
sary and material witnesses.
Tentl--That he has favored the pub
lie service corporations and that his
official actions have been consistently
prcjudicial TO tho interests Of the peo-
pie OF the city and state.
Eleventh-That no has appropriated
to his own use an automobile belonging
20 the city Of New York. that he has re-
moved the Public Service Commission
plate therefro,n. has neglected and re-
fused to make and return "A record of the
uses TO which It has been put and has
monopoliScd the services OF "A chauffeur
whose salary has been paid by the city.
and that the expense Of tho operation OF
such automobile for the convenience of
himself and his family has been charged
TO and paid by the city OF New York. all
in violation of the rules of the Public
Service Commission.
Twelfth-That he has used his power
as chairman to interfere with hearings
pending before other Commissioners
In order to prevent the conclusion Of
such hearings. and in the case OF the
Edison Electric Illuminating Company of
I'rooklyn he permitted an adjournment
~ n hearing pending before Commits
siorer Maltbie to n date subsequent to
the expiration of Commissioner Moltbie's
term OF Office.
Conduct of Case uucstiOncd.
Observation-Disclosures, and in the
same rate case. before Commissioner
Hayward. he exercised his power u per-
nit the Introduction by the said Edison
Electric Illuminating Company of i'm
proper evidence which COMMISSIONS
Hayward. the hearing Commissioner.
was unwilling 10 admit.
Fourteorth-That in the matter Of the
Third Avenue Railway Company aud the.
Forty-second street. ManhattanN!iie Il
II. Nicholas Avenue Railway Company
Chairman Mccall has not only neglected
to enforce the commissions orders hut
has usel his influence 10 pre-
vent tho ment OF legal
proceedings for the enforcement
of such orders n for the
collection Of the penalties which the
law imposes FOR the violation 81 such
orders. in violation OF the mandatory
provisions of the Law.
Ffteenth-Tlat a. to n competing
company. the Manhattan and Queens
Traction Company. he issued an order
the effect of which in the event of IA
failure TO comply Herewith within the
tiAAfS NobAA
have operated to cancel n annul the
franchise Of such competing company.
thereby destroying competition bcneil-
|cial to the city and its Inhabitants.
SiNtcenth-ln tho matter OF the Ger.
tlicate issued To the Manhattan Railway
Company. dated March ~. 1919. he
failed and neglected to reserve to the
Public Service commlssio1 and sur
rendered the power 20 supervise the
award of the contract for the
construction OF the additional tracks of
the Second. Third and Ninth ven
elevated lines. and that as q result Of
such failure the lessces OF the Manhattan
Hallway Company have o-;cred into
extravaganza and improvidert contracts
under which its stockholders and tn.
people Of the city Of New York have
suffered and will suffer large losses.
Acted to <rtH'. DISADVANTAGE.
Sev.rteenth-That IN the matter @.
the approval ~ the contract for thu con-
structlon Of the connecting lines. under "A
certificate issued to III" IntorboroIch
isap.d Transit Company, u. authorized
and approved = contract for such 'on-
s;rurtion al an ~extrayagaut and eNorbi-
tsut rr!cc and without competiti,sl, to
the Disadvantage 81 tn" city Of New
York and It's inhabitants.
Eigh;ecnth-That IN the execution Of
the dual contracts and certificates he
permitted the Inclusion of "A provision
under which the New York Municipal
hallway CorpoHtlon will bc permitted
u~nNarrantaOly 20 deduct from tn" earn
tngs OF that company before the division
of tho net earnings between tho company
and the city can be accomplished a sun
a~ngregatine more than $4,000. 0oo.
Nlnetecmrh-That in tn" ucgotiaf.on
and execution of the so-colled dual con
tracts and certificates he surrendered
ard failed 20 exercise hie powers and
duties rs a Publir Service Gommissioner
of tn" stat" q New York.
Twcrti.th-That 10y bis admiristra-
ton OF the Office which h- holds, h, his
failure properly to supervise tho cxpen-
d!tures OF the Public Service Commits
sion. 10y tho eNiravagauce OF expenditure
which h" has permitted and by his fail
ures and reeler's ~ aforesaid. ~ has
demonstrate his entire lack Of sympathy
with tae purposes OF tho public service
commissions law.
Dated, Nov. 80. 1918.