The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-11-11
CITY COUNSEL
TAKES ISSUE
WITH MCCALL
". ?. Burr Says Commits.
sioner, as Justice, Knew
All About Power Plan.
LAWYER RESIGNED;
PERMIT WAS V

PERMIT WAS GIVEN
IN, Thompson legislative committee
,.yo,sd much OF It's time yesterday to
eating the assertion Of Judge Edward Z.
uccall that he knew nothing about the
.l,rmstances OF the case when IN up
,,,cs,ion hy the Edison Electric Illumin-
.,,nr Company Of Brooklyn to acquire
-, shares of the stock of the Amster-
lam Electric Light. Heat and Power
coupany came before the Public Service
Commission on July 80. 1914, for final
action.
Against this assertion the committee
,,aeed the memory of Special Corpora
in, Counsel william =. Burr and a
yr.,, heap of documents covering the
history OF that application n the eff
,or,s made by New York city to prevent
,ba granting OF It, When Mr. Burr had
,ft the stand there stood out on the rec
oris OF the committee several interesting
matter. that the questioning Of Judge
Mccall had failed to reveal.
In the first place, tho record showed.
The nature of the transaction had been
80 fully explained TO Judge Mccall. long
s,oro he hecame n Public Service Com
missioner, that he refused to cit in iudg.
men, on It as "A Supreme Court Justice
He made HE decision not to hear II be
cause he owned stock in the Kings
Culn,y Electric Light and Power Com.
many. o. which tho Edison company was
a subsidiary.
In ,hc second place 1t appeared that
,ro,t. ui the Edison company to get
,jupI.te control Of the Amsterdam com
pany were upavailing so long as Mr..
Eur VAS an Assistant Corporation
counsel with this matter In his special
ehArse. Within a month after he had
resigned from Office the application was
granted.
Burr Wnsn't Notified.
In the third place the Public Service
Commission, which had always given 10.
tee to Mr.. Burr while he was In office
Of any movement to put the application
through, did not give the Corporation
Counsel notice of the meeting at which
lnal action was taken. Five days after
ihs thihS WAS zone ,he ci'! was 'oiu
ABOUT II. nut although MI burr reeh-
tered the service or the city ne did not
lsern that IA iinal order had been mad
Until he read of 1t in the newspapers on
Tuesday last. and Vincent Victory. a
Deputy Assistant Corporation Counsel In
charge OF legal papers, declared he never
SAW the notice until Yesterday.
Mr.. Burr. averring his respect for
Judge Mccall and making IL plain that
lie WAS merely obeying the subpoena
served on him. told clearly and with
he manner of a man who knows what
ne is talking about the history OF the
finally successful attempt of the Edison
Illuminating Company OF Brooklyn 10
se, control of the Amsterdam Electric
Light, Heat and Power Company, the
after holding a franchise which might
have made II a competitor OF the Edison
company.
Case before Mccall.
49, enc, .
ne sa'd Una. Va i'iV 'ne poaiu W
hsS"Adtr sousn. u Ieu'n ~ NaI
Luz "u'0n III so.ipau,
,Astu oh 'ne stouiiu 'na .ne ps'"""
nAu I'iNeu 'HIousn 'he iaiiu.e y ! tn'
Ta. tsl4.. ta,,.I.. 81.
~ i'u'so" "o",pans, eis,.n'"s NV
,su. 10 operate the irahenlse Oh t'
n"e.VtN'"' oohipa"., SUuent ~
yIn.'ol tes'rAIh .he boa'u To-.
u 'tv" 'a"tns - ~ ~.
'ue" 'l was reauS iol arsuNnen' Wy
.so sue peIore 'us.Iee M.|sn ~.
nms III the equity pr'"'" Vi INC "u
Peme curt
Al LHs POINT Leroy = naFhhess ~
pQHNf vi IL uDIl tININ II1
I'M w. n~l'sIiossu an o',e.tiVn u. Nv
thompson tothnllttec' appointed 10 IN
ION had no authority to investigate
ON ,e hsnnb Wien nressnJ 10 sa,
rhe,lSr he rs-nrasentsd Judpe Mccall
or the ,oniu,i.sion as a whole Mr.. Hank,
.sss oonf-sseJ he had never giyeI
thought 20 tho distinction and Senator
THOMPSON told the witness 10 answer.
Prior 10 the argument before Justic,
McCal! Judge Hatch. appearing for tn,
Two electric companies. asked leave I,
amend his complaint. Mr.. Burr, in de
scrblrg the ~colloauy before Justice Nc
call that followed this request, wa
positive that the merits of the case hat
O-en covered thoroughly by himself ar
Judge Ha,cn, although he was not sur,
nat the Kings County Electric Ligh
tnd Power Company was actually men
roted By name. However. when tn
complaint had been amended and othe
matters attended TO. all OF which caused
" delay and Justice Mccall was read!
near argument, he inquired directi!
tt h'nss County company was IN
F'eS'ta Burr said he replied that
N-s' while Judge Hatch took the OPP
.oSNe new justice McCi leaned !.
" ,e" 81 burr ana ue.lueu nc ~oul,
"N htaI me matter Decause OF MS stocI