New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-03-15

undefended, would be determined in
May, and that a new determination can
then be properly and legally made.
Mr.. Hardy Is Confident.
81 confidently expect that the court
will order this new determination
said Mr.. Hardy, "and that not only the
moneys paid 70 Mr. Shonts, Mr.. Gaynor
and Mr.. Rogers will be excluded, but
also a large number Of other items, ag-
gregating a larger sum Of money"
Mr.. Hardy believes that some Of the
counsel fees allowed in the INTERIOR
ough's prior determination claim were
excessive. lie said that the investiga-
tion which resulted. both of the facts
and the law, convinced him that an ac-
tion in equity was the only way to pro-
tect the city's interests.
The complaint is one Of the most
voluminous ever fled by the city. 1t
consists Of more than 5000 words.
After reciting its grievances, the city
makes the following prayer 10 the
court:
"The plaintiff has not complete or
adequate remedy at law. wherefore the
plaintiff demands judgment against the
defendants as follows:
"That the determination purporting
" IAff DffA4 AfAAfA'A ~ AAAN NfAfAAN
ant, Alfred Craven, as chief engineer
Of the Public Service Commission for
the First District. dated October II,
1913 be adjudged and decreed null snd
void as against the plaintiff;
"That proper determination. pur-
suant TO and In compliance with the
said Contract No. be ordered and
decreed to b. rendered by the said de-
PENDANT. his substitute, successor or
successors;
"Tha. the defendant, Alfred Craven,
"a such chief engineer. his substitutt
successor, or successors. in making
such proper determination shall omit
therefrom all payments, credits, com
pensations and concessions OF the de-
PENDANT, the Interborough Rapid Tran
sit Company, not actually and neces-
sarily made or incurred for the par
ticular purposes and items set forth In
said Contract No. and therein specit-
cally designated and defined in and by
the terms CONSTRUCTION and Cost OF
Construction and shall not include IN
such determination any such payments,
credits, compcr satlOns or concessions
Of the defendant. the lntcrborough
Rapid Transit Company, unless dupli-
cate vouchers, credit slips, or other
original evidences thereof shall have
NioN Hfth NNty AA'N - pau CN4iN-"N
No. 3 required;
"That the defendants, Oscar &.
Straus. Henry w. Hodge and William
Haywood, az members Of and consti-
tuting the Public Service Commission
for the First District, be permanently
enjoined and restrained from treating
or recognizing as valid and legal and
binding upon the City OF New York the
purported determination Of the defend
ant. Alfred Craven, as chief engineer
OF the Public Service Commission for
the First District, dated October Ia,
1919;
"That plaintiff have such other and
further relief as may be just and
proper, together with the costs OF this
action"
Principal Charge Made.
The principal charge made in the
complaint Of the city Is contained in
paragraph II. IL reads:
"The said determination % the chief
engineer does not disclose what the
payments, corporations, credits and
concessions toward the cost Of con
rtruction were. and whether or not they
we're payment, compensation, credits
and conccssi0ns actually and necessar-
Ily incurred for The items in said Con
fract 30. g. Designated Conjunction
and Cost ~ Construction bus. on the