The evening world. [volume] (New York, N.Y.) 1887-1931, 1916-02-25

situation was the other way--the
preferential profits are all TO go TO
the operating companies. Don't you
think Judge Hiscook was obtuse in
not seeing thatT'
mo" replied Mr.. Marshall, II cam
not say that. l have not his opinion
before me. Such Incidents Us you re-
fer to are what might be called the
chicken feed of the situation"
Mr.. Moss kept repeating tho ques-
ton in other forms ana MIR. Mar
shall kept on talking eloquently and
voluminously about something else.
He read many, many words from his
brief, though Senator Thompson in
pained tones asked, "Oh, can't this be
put in the record somehow
In answering n question" replied
Mr.. Marshall, and read on and on.
Mr.. Moss gave as an illustration
the flooding OF the subway this MORN
ing.
Suppose, he continued, the tube
should be broken 80 that the subways
would be flooded and hundreds or
thousands OF people drowned. Under
the dual contract the City of New
York will have 20 pay for all that
oh" exclaimed Mr.. Marshall, you
are saying that II you had presented
you would have emphasized this
point more than I did"
Abraham Hershfeld of Hays, Hersh-
field n Wolf. attorneys for the
Fleischmann Realty Company, who
brought "A suit to restrain the City
from entering into the dual subway
CONTRACTS, testified this afternoon be-
fore the Thompson Committee.
Q. Do you remember who employed
your A. Mr.. Nicoll.
q. Who was the plaintiff? A. The
Fleischmann Realty Company. clients
Of ours.
Q. Who paid your A. I don't re-
member.
Mr.. Hershfield said that Mr.. Nlcoll
got him TO bring the Admiral Realty
Company action TO prevent the dual
subway contracts.
who paid for your servlces7"
Mr.. Nicoll."
Mr.. Hershfleld declared that this
was a bona fide taxpayers suit.
y. Was there any entry In their
directors minutes authorizing the
suit? A. I'm not In their secrets.
Mr.. Moss read the list of the first
directors OF the Admiral Realty Com
pany. They were James d. WE'LL.
Isaac Wolf. Morris $. Hochstadter,
| IL.
of No. s. william Street.
| George 3. Coleman, chief counsel
for the Public Service Commission,
testified that the commission had re-
ceived 81 from the Third Avenue Rail
road Company. the amount OF judy
ment in penalty for having built n
loop at Fort George without permits
sion. o.. ...
"Thaes the only dollar in penalty
the commission has ever collscted!'
sxeisirsd Senator Thompson.
In my Office" said Mr.. Coleman. 81
gave the commission another dollar in
its place."
After the committee adjourned fol
luncheon Mr.. Coleman asked Senator
Thompson what Il was that he want
ed him (Coleman) to tell the Chair
man Of the Public Service Commits
sion.
You'd better get the stenographei
to read II to YOU" said the Senator
hurryng away. The stenoGraphel
read to Mr.. Coleman Senator Thomp-
sons direction to tell the Chairman
that he couldn't remember conyersa-
tons with Louis Marshall and others
interested in the Admiral Realty
Company.
The dual contracts under which
New York City Is building the new
subways may be attacked not only
on the ground of unconstitutionality
but OF fraud, in the opinion of Frank
Moss. counsel to the Thompson In
vestigating Committee. AS one in
stance Of bad faith. he cited o-daS
the loading Of the cost of accidents
whether in building the new subways
or In operating them after they are
built, upon the preferential which
must be paid before the city gets one
cent Of profit.
within a few weeks after the
Seventh Avenue cave-in settlement,
amounting to s4oo,o00 were made with
injured people," said Mr.. Moss. "Al
that money came out OF the prefer.
entail and is charged to construction
cost. All other accidents during con