The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-12-12

train. regardless Of the faulty con-
struction Of the curve.
NO examination. inspection or in
CURRY whatever appears to have been
made by the Public Service Commits
sion into the kind, character or COM
potency OF the motormen employed
by or as to the signals or safeguards
needed on this railroad, notwithstand-
ing the duty imposed upon them.
I'm view of these conditions
deem It my duty to recommend 10
District Attorney Lewis, who has so
fearlessly and ably carried on the
present investigation, that a careful
investigation be made and the facts
be presented to the Grand Jury OF
this county. under his direction, into
the conduct of the Public Service
Commission for the First District TO
ascertain whether or not section 1871
Of the penal law has been violated,
which Is as follows:
"a public officer or person holding
public trust or employment, upon
whom any duty is enjoined by law,
who wilfully neglects to perform the
duty, is guilty of a misdcmeanor.'
Quotes Law on subject.
And also TO ascertain whether or
not a crime has been committed be-
cause of the apparent culpable and
wilful neglect of the duty Of the Pub
lie Service Commission in violation of
section 1862. subdivision >. of The
penal law, which is as follows:
"'Such homicide Is manslaughter in
the second degree when committed
without a design to effect death by
any act, procurement or culpable
negligence OF any person, which ac-
cording to the provision of this article
docs not constitute n crime Of murder
In the first or second degree. nor man
slaughter in the first degree"
Concurrently with the John Doc in
quiry District Attorney Lewis has
been carrying on n Grand Jury in
vestigation. the report OF which IL eX-
pected early next week.
Nothing was said by the B. r. T.
officers yesterday except that they
would appear In the Adams street
court at p. NJ. to-day.
The only Public Service Commits
sioner with long years OF experience
is Travis IL whitney, with whom
the Mayor has had many controver-
sizes.
II. n. r. Omcials Summoned.
Two officials of the B. r. T. have
been summoned to appear to-day be-
fore the Kings County Grand Jury.
They are c. d. Meneely. vice-presi-
dent and treasurer Of the B. r. T. and
treasurer OF all the subsidiaries, and j
Fl. Bennington, secretary of the Il. r
T. and its subsidiaries.
h a number of employees. including
shop foremen, will testify. 1t is ex-
pected their testimony will be used &c
show whether the B. r. T. employed
men who are not qualified for their
jobs.
John Connors, an Inspector for the
Public Service Commission, was the
only witness yesterday. He testified
before Mayor Hylan that he found the
brakes on the wrecked train would
work, but that the signals to warn
motormen Of the Malhone street curve
where the wreck occurred, were no;
sufficiently plain at night.
Mayor Has Grudse. Says Hubbell.
In behalf of the Public Service COM
mission its chairman, Charles Buckley
lIubbell. said last night that Mayor
Hylan has used his judicial function
to further n political purpose and graf
ify a personal grudGe," and that all
except about a hundred words of the
Mayors utterance was 1900 word
TRADE against public officers whom he
wishes to destroy" Mr.. Hubbell con-
tinued:
III there are any facts which were
not brought out before Magistrate Hy-
Ian the members of this commission
hope that they will be gone into fully
before the Grand Jury.
The facts as to the change in the
grade OF the curve at Malbone street
will be developed in due season before
the proper tribunal. For the present
it may be sufficient to FAY that the
original plans were filed and approved
and the amending plans We're filed and
became effective before any member OF
the present commission was in office
Mayor Hylan did not have the
courage TO say that the only evidence
before him showed that the change
was made by the engineering ex-
perts in the interests of greater safety
and that greater elevation of this
curve would have made disaster more
likely and more serious"