New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-06

fees OF the commission at o'clock and
stay there until 10. Then ! went to
court. The noon hour | spent In my
room in the commission going over
public business. | always went over
the calendar with whitney OF one OF
the commissioners"
Some Of the committee questioned
the propriety Of the commission decid-
ing all its important matters in a Sc
cret meeting Of the committee of the
whole, and then rafting through the
perfunctory votes at the open meeting,
which is required by law. They seemed
10 look upon il as an invasion.
Although they had no minutes OF
the meetings OF the committee of the
whole, Mccall declared he thought one
Of the secretaries kept memorandum
of what took place. OF that he was
not sure, however, and Hayward said
he had been unable to find such
record.
Putting a hand on each knee. then
waving his glasses case In one hand
and a pencil in the other, Mccall
showed considerable evidence Of irri-
tation when Senator Mills, pressing the
old point AS to his lack of information
about violation OF orders. asked:
Wasn't there sufficient information
in the newspapers of lack Of proper
service in the non-rush hours?"
ooh, yes" was the answer; "sporadi-
cally, except recently. when they have
been saying everything. ! pay no at
tention to some papers. ! would be-
lieve the opposite of what they said"
Mccall offered to name the papers.
but was not asked to do so.
Now" said Hayward. "the record
shows an average of about five in
formal complaints a day. We have five
commissioners getting $4,000 each.
Now, why can't five citizens get help
from five commissioners?
They are getting help" insisted the
chairman.
1t was explained by the witness in
his excuse for having word sent to DR..
julius Rosenberg on February IA, 1913,
that he could not see him on rapid
transit matter that he was tied up in
hearings on the contracts. Hayward
called attention to the fact that the
last hearing was on the day the letter
was written. Then it was some other
rapid transit matter. He was sure he
was not in court at that time, although
his case was going on, according to the
record.
An opinion Of George S. Coleman,
chief counsel of the commission, rem
dered on January 4, 1911, to the effect
that the legal remedies Of penalty ac-
tion and mandamus were meant by the
law TO be exclusive of the opportunity
TO bring action for a misdemeanor. was
read into the record. Also an opposing
opinion by Travis II. Whitney, who is a
lawyer, in which ne argued that the
misdemeanor clause should be called
into action by district attorneys, was
read. Mccall said he agreed with Mr..
Coleman.
Eve shouldn't attempt to make
misdemeanant of an official" he said,
"just because his trains happen TO be
fifteen minutes late or few people
are standing up In his cars"
Hayward put into the record list
showing the antiquity of the cars of
the Brooklyn Rapid Transit, eighty
two of them being thirty-one years
old. There is only one steel car In
captivity on the Brooklyn Rapid Tran
sit" said counsel, "and records show
they bought more new cars a year
PRIOR 10 the establishment of this
commission than since"
ITS unfair TO talk like that" said
Mccall, humping his chest with his
fist. you don't take into considera-
tion the amount of money that may
have been spent on these cars in the
way of improvement"
I'VE find the commission has three
automobiles, two trucks and two
Fords," said Hayward, opening up on
the question of cars. (Which is your
carr"
81 don't style any Of them my car"
"You use one Of them to 60 TO
Queens and Brooklyn"
yes"
Then II was that Hayward got the
witness 10 say he did not use it as a
private car, and Immediately there
otter sprung the chauffeur's record on
him.
"On what theory would you justify
using a public car to 60 to Easthamp-
ton and the Polo Grounds" asked Mr..
Hayward.
"All the places We went you have
read would be on public service" was
the extraordinary reply Of the commits
sioner. 81 was living in Easthampton
for the summer. When stayed late
on my work and could not get train
! would go out in the car. | would
have my own car meet me near East
hampton"
Just before Mccall was excused from
the stand Senator Foley, the Tam
many representative, asked him a
rumber Of questions with the inten-
ton Of putting d number of things in
d more favorable light His last one
was this:
az it is humanity impossible for the
companies 10 run more cars in the
rush period you couldn't improve the
service by changing the members OF
the commission-for partisan or other
purposes"
The witness looked puzzled for
minute and then replied with smile:
Don't ask me to answer that ques.
ton"