New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-19
Disregard of Orders Over
looked to Protect
Tube Plans.
MALTBIE OPPOSED
BOARDS ATTITUDE
Other Members Decided, I'm
wise to Invite with One Hand
and Hit with Other"


( islative Public Service Commission,
went on the stand before the investi-
gators yesterday. Designated in this
fashion because hs is the last OF the
original five Commissioners appointed
/ by Governor Hughes when the commits
/ sion was established, in 1907, to re-
main on that body, he wss the last OF
the present Ave to 60 under the probe
! Of the committee.
Every Commissioner We have had
on the stand" said Mr.. Hayward AZ one
stage of the proceedings, has said,
! you can't blame this or that on me.
/ It happened before came on the com
mission. Now, Mr.. Maltbie, you go
back to the antediluvian period. You
can't fall back on that excuse. I've
/ been waiting for you"
Allowing that he certainly couldn't
! hide behind any such shelter, the Com
/ missioner took up the challenge OF the
/ investigator and had an answer FOR
every question, although IL may be said
some Of them did not seem entirely
satisfactory to Mr.. Hayward.
Maltbie Faces Hard Test.
| True it was that counsel did not
question the witness as savagely as was
/ the case with some of the former com
missioners, but he did not neglect to
= ask some broad and searching ques-
| tions.
Self-possessed and bland, the COM
| missioner leaned back in his chair or
/ rested both arms on the table in Iro
and testified in a softly modulated mon
otone. Only once did he raise his voice,
and that was for emphasis and not
/ through anger. It was Senator TLompS
son, the sarcastic chairman from Mag
ara County, who caused this.
"IIave there ever been any final or
/ ders in gas or electric cases in the last
seven years." was the question.
The infection indicated that the Sem
ator thought there had been none. ard
he said so a moment later. These cases
have been the special care Of Mr.. Malt
bic.
"May I hear that agsin7" asked the
commissioner, cupping his ear in the
direction of the chairman, and in the
attitude of mock surprise.
The question was repeated, and Mr..
Maltbie shot back q vigorous affirma-
tive answer. He then enumerated the
cases. The delay in the settlement Of
the .o-called Edison rate cases was not
taken up, but the commissioner will
be on the stand again to-day.
Mr.. Hayward pressed the witness as
to why the commission had not taken
more vigorous action to enforce its
orders, which were being violated by
the Interborough and other companies,
and as to why it had failed to re-
quire the Brooklyn Rapid Transit Com
pany to get additional elevated equip
ment.
Commissioner Williams had testified
that it was the consensus Of opinion
that the Brooklyn company should not
be required to get new cars, because
it would soon have to get larger
type for the dual system. However,
the hearings on the proposition were
continued.
PeopIe Duped. Says Hayward.
Wouldn't it have been fairer to
have announced your decision. and
not kept stringing the people along
who were freezing because they had
to ride on the platforms of elevated
cars?" asked counsel. Wasn't it be-
cause, if you had made that announce
ment indignation would have run
Hight"
WELL said Mr.. Msltbie, my idea
is TO take the public into your con-
fdence. II you are wrong on your
decision, accept the responsibility. IL
you are right, take the credit that
should come to you.'
The frankness with which the wit
ness explained why the commission
had not taken more drastic steps to
compel the Interborough TO obey the
service order Of the commission, which
was continually violated for more than
three years, rather startled Mr.. Hay
ward, and the members Of the COM
mittee.
In the first place, he stated that Com
missioner Eustis, who had the enforce
ment in immediate charge, had ire
quently reported 10 the commission AS
10 the way in which the company was
disobeying il, and that the question
was freely discussed. This was at va
rance with the testimony OF other
commissioners, who said they had
never heard of these violations until
last November or December, after
which counsel was instructed TO bring
a mandamus proceeding against the
company.
"The reply Of some Of the commits
sioners," said the witness, describing
how he had argued with them for
strict enforcement Of the order, was
that as We were trying to persuade the
company 10 enter Into arrangements
for an enlarged system, II would be
unwise to invite them on with one
hand and hit them over the head With
the other for their poor service. They
took the stand that, while the neEotia-
tions were going on We should get the
best service we could
The Commissioner explained that no