The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-27

brought against four members OF the
New York city Public Service Commits
sion by tho Thompson legislative inves-
tigating committee were dismissed to-
day by GOV. Whitman.
Tho Commissioners thus ex%onerated
are Chairman Edward Il. Mccall. j. Ser
geant Cram. George V. S. Williams
and Robert c. Wood. They will retain
their places.
81 do not And In this record proof OF
such inetiiciency as Is contemplated by
the statute which gives the Governor The
right OF removal" said the Governor IN
a memorandum dieposing OF the charges.
The Governor also declares the evil
dence does not support a charge " mis-
conduct In office or neglect OF duty
gains the Commissioners He does
find. however. that the Members Of the
commission have not been efficient in
matters OF detail.
THE outcome IL exactly as I thought
II would he from my knowledge Of
the Governor" declared Chairman Nc
cali when he heard OF the Governors
action.
II felt all along that ne would not be
taken of his feet by any popular clamor.
hut that he would consider the charges
! Juultttlls anu lalLs flAN AAt Nv
that this has been done"
Tho Governors decision In part fol-
lows:
The Law vests in the Governor power
finally to dispose OF these charges. There
Is no appeal from his decision. and his
acts are not renewable in the courts.
That very fact places all the greater
responsibility upon the Executive and Is
the nor reason for the exercise OF most
| sa raful Sprpfipv aud pnhia gaad ttIlp-
ment.
Not = Dollar Misusrd.
at is unnecessary for me 10 enlarge
upon the magnitude OF the work which
this commission Is called upon to per-
form. nor upon the fact that II has con-
trolled the expenditure OF vast mounts
OF public moneys. There Is not eVen a
suggestion anywhere in any OF these
records nor on the part Of any persons
who have made complaints that any one
OF these commissioners has been r..
sponsihle directly or indirectly for mis-
use or transportation Of a dollar
In fact, so far as ! am at present ad
viscd and 50 far az this record dis
closes. Notwithstanding what may have
appeared at any time in the puhliJ
press, the personal integrity OF these
Commissioners has not been impugn,d
"T examined carefully into tho charc.
against Chairman Mccall tperhaps IN,
most serious charge OF all) that he va.
inefficient ard reglectful OF his duty 81
falling to require the Bradley Construc
tion Company to cease work IN the Lex
ington avenue route OF the subway aftei
having been advised by the chief su-I
necr Df the commission that this wurl
would be useless In the event the dua
subway system was adopted. as Is more
fully specified on page 10 OF said re
port.
THE record 81 the testimony ,ake'
~ the legislative committee and tina
committees report indicated that tn,
work on the Lexington avenue route o
the subway was not stopped until ate
the signing Of the dual contracts an,
after Chairman Mccall was appoiute,
TO the committee.
~ have examined TIE ORIGINAL file
Of the commission bearing upon TIM
subject and find that this work wa
stopped before Chairman Mccall tool
office. This charge, therefore. must b
dismissed from consideration.
The law provides that for inem
cheney, neglect OF duty or misconduct II
office A Commissioned may be removed
This is not mandatory and the Guverno
is given full discretion. | hrd:
"First-The evidence does not suppor
a charge against these Commissioners O
misconduct IN office.
"Second-It does not support a charE
Of neglect Of duty.
81 believe the record shows that IN
e. mm!ssion has not been SO efficient !
matters Of detail and IN the handling a
tho re ulative work dcvolv!ng upou Il q
IL should have been.
The testimony OF the secretary an
the chief clerk OF the commission show
;hat the handling % informal complaint
OF citizens was left entirely To ,hei
, charge and that there was no ucner.
, support nor supervision given them b
|, the commissioners
= There should have been in tho com
mission a system whereby the Comris
sioners, or certain OF them designate
, nv the chairman, should have had "A d
, rect supervision OF the handling by III
: subordinates OF these Informal con
!, plants.
/, THE Commissioners should hav
? known whether or not their subordlnat.
a were accomplishing satisfactory result,
|, and where. as in tho Spillane case It
: cite a specific case). a street railroa
, company neglected to comply with IN
, reasonable requests Of the commission
, subordln1tes. the Commissioners shoul
have taken h matter In charge an
compelled obedience BY the
, Where Fault Lay.
Tho testimony taken by the legis
lative committee shows that tho orfor,
OF the commissioners subordinates I
obtain action upon complaints rogarIin
I service on the lines of the Rrookly
Rapid Transit Company and the Into,
I borough Rapid Transit Company wcr,
A IN many instances. productive of no sat
!, isfactory results. 1t is apparent, this
: ms was due, In part at least, to IN
. fact that the Commissioners themsc'ye
did not supervise the handling of thes
complaints and did not give 10 the et
, forts of their subordinates tho sur
port which was necessary.
The five members of tho commissio
had served respectively five, four, thrs
and two years and In ono case near,
one year and were blameworthy In Til
. regard.
: There IL evidence tina certain mon
bers or the commission were not awar
Of the existence Of certain orders r,
earding lines OF the Interhorough Rapi
=, Transit Company. which said orie,
: had been mad by the Public scrvi,
u Commission before such members wei
+, appointed. and that such members failp
: properly to inform themselves on thi
subject.
' There II also evidence that AL ,
the fve Commissioners failed 10 pr,
coed as promptly and diligently In dl
= posing OF matters taken up by them
formal hearings as their obligation
= the public required. The claim on n
part OF the Commissioners before n
THAI their time and attention were r.
: quired during the particular monti
in question upon the work incident
= the construction of the subway car
= on this suhiect) explaIns AT leas