New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-08-29
Must Keep Reserve to Pre-
vent Tie-Up, Says Public
Service Commission
Mayor Threatens
To Seize Sideways
City May Annul Contract if
Blockade Is Repeated,
He Warns


thousand tons Of coal in the bunkers OF
the Fifty-ninth Street powerhouse TO
act as q reserve so as 10 avert the pos
sibility of another coal shortage such
as tied up the subway system Saturday
The other outstanding features OF
the day in the commissions investiga-
ton Of the subway shutdown on Satur-
day were:
I. Mayor Mitchell, in letter TO Com
missioner Hayward, intimated that II
the PETERBOROUGH again suspended OPP
Grafton as it did on Saturday the city
might seize the subway lines.
.. Chief Counsel Ransom Of the Pub
lie Service Commission attacked the
officials of the Interborough and the
Berwind-White Coal Company. charg-
ing that because Of the interlocking
directories the Interborough did not
dare force the Berwind company to live
up to the terms Of the coal contract.
3.E.J. Berwind went on record with
statement that the lnterborough sys-
tenn would never again be forced TO
suspend operation because of lack OF
fuel-at least not as long as his com
pany was under contract to supply it.
Road Pays Extra for Coal
{. It was shown by the testimony Of
Mr.. Berwind that his company was get
ting 80 cents more a ton for the coal
supplied the Interborough than the con-
tract called for.
;. George Keegan, assistant TO the
vice-president and general manager OF
the marlborough, testified that the tie
line between the Seventy-eighth street
rowerhouse and the Fifty-ninth Street
plant was not capable Of supplying
power for the operation of the road IN
such an emergency as on Saturday.
6. The commission. at the resump-
ton of the investigation on next Tues
dav. will consider the advisability OF
ordering the installation Of more
efficient tie line system.
The order of the Public Service Com
mission, which provides for the main
tenance of a coal reserve Of five thou
sand tons. was issued after officials Of
the Interborough had testified that this
amount would be sufficient to carry the
company over any emergency such as
caused the great tie-up on Saturday,
The order also provides that If for any
cause this supply is reduced it must be
replcnished within forty-eight hours.
II this is not done, immediate notice Of
the shortage must be served on the
commission.
Mayor Warns Interborough
Mayor Mitchel's letter TO Colonel
... am Hayward. acting chairman OF
o. I1blic Service Commission, fol-
lC
Mr. Hayward: Under the con-
letween the City Of New York and
b.. Peterborough Rapid Transit Company
d. iJblic Service Commission exercises
certain important powers on behalf Of the
City OF New York, particularly those re-
lating 20 the enforcement of the contracts
| am pleased 20 learn Of the vigorous
attitude adopted By the commission in its
inquiry into the failure Of the INTERIOR
ough Company 10 render service on the
subway last SATURDAY..
Under the contract now in force for the
operation of the subway. the lnterborough
Company covenants WIKI the city during
the time Of the lease 10 operate carefully
and skilfully, according TO the highest
known STANDARDS OF Tdllhdy bptIdblDi4t anu
10 operate a minimum number Of trains
at all hours during the day.
These provisions were violated on Satur-
day and as your investigation has dis
closed this was due 10 the failure Of the
company % have a sufficient amount OF
coal in its power stations 10 operate the
plant.
In addition TO the regulative power Of
the commission, the remedies afforded by
Chapter I Of the contracts for a breach Of
their provisions are drastic, giving the
city power TO take possession Of the rail-
road and operate il itself or TO enter into
a contract with some other person for the
maintenance and operation OF the railroad,
or even 20 terminate the contract, and IN
the latter case the company is liable 20 the
city for all damage by reason Of the de-
fault.
Violation Is to Bring Annulment
While I do not think II necessary 70
exercise these powers az the present time,
/ suggest that your commission, as sue
cezsor 20 the Rapid Transit Commission,
notify the company Of the default and that
in case o. repetition Of failure 10 provide
an adequate coal reserve the commission
upon behalf Of the city give the notice OF
contemplated annulmcnt provided for in
the contract
have mad a hurried investigation made
Of the coal situation and find that moth
withdrawing the unusual conditions pro-
duccd by the war. the city mas always been
carry on all Of It's sctivitie,. In no IN
stance has any activity been stopped or
curtailed because Of lack Of adequate coal
supply.
nav a high price, but u has secured the
coal. and my investigation indicates that
the coal company obligated by contract 70
supply coal % the lutcrbOrouHh Company
could have secured. can nOw and can iu
the future secure an adequate supply Of
coal II 10 r. willing 20 pay market prices.
Thee facts confirm the evidence brought
out b. the commission al the hearing yes
terday. Ven truly yours
JOHN PUEROY Mitchell. Mayor.
George kecgan, assistant 20 Frank
Hedlcy, was the principal witness az
the afternoon session Of the invcgti-
cation. Commissioner Hayward said,
after Nr KccCan had been sworn I'M
that he was delighted 90 see him on
the stand. for he considered him the
best informed transit man i'm the city.
Ar Ransom questioned Mr.. Kccgan
a. 20 whether the Interborough had
syaled iteii o. the coal pooled By
the public utilities companies 20 as
sure their supply regardless Of. con
diuons. The witness answered that his
company had not entered into any such
arrangement, and that they did not
contemplate Going 20 in the future.
lie said that y the bunkers a. tho
Fifty-ninth Street power house had
had rfferye Of 5000 tons Of coal. a
fie-up aucn a. occurred on Saturday
would have been impossible. How.
ever, Ar. Keegsn added. that putting
more than 400 or 5000 tons In The
bJnkers 10 the summer would be very
dangerous and would constitute a FIRE