New-York tribune., 1895-07-09
TUESDAY,
JULY 9, 1895.
Mitchell WILL NOT RESIGN.
THE FIRE MARSHAL DECLINES TO Az
CEDE TO THE BOARDS REQUEST.

mitchell. HE MUST ANSWER on THURS
pAY-sorELDo WHO HAS RECORD.
TO ANSWER LATER
Fire Marshal James Mitchell yesterday declared
himself in reply to the demand OF the Fire Conn
nissioners for his resignation. He will not re-
sign The Commissioners will likely remove him
from his office this week. after giving him an
opportunity to explain. II he can, some iormaa
charges Probably Mr. Mitchell will then make
an appeal to the courts in an attempt TO De re-
instated He would not tell his plans yesterday.
His letter refusing to resign his office was ad-
dressed to Commissioner James r. Shemeio' "ho
acted for the Fire Board in asking for the resis-
nation on Saturday. Here is wnat MI Mi'e"e'
has to say on the subject:
Sir: have given mature consideration TO tho
verbal request OF the Board OF FIRE Commls-
sioners conveyed by you to me on SATURDAY last
and have concluded that must. In Jusnce 70
myself respectfully but positively decline 10
comply Herewith. | am conscious OF no act OK
mine which properly subject me 70 censures
and the request Of your Board was unaceom-
panied BY any specific reasons why should re-
sign Publicity has however, been given 10 an
alleged intention 10 remove me III case uo i.os
Voluntarily retire which intention. II IL exstss
would alone render my resignation Impossible
The letter of Mr. Mitchell was laid before tho
Fire Board soon after yesterday. His re-
fusal to resign had been anticipated. and he was
Immediately served with copy of charges wnicn
he must answer on Thursday The charges are
signed by President La Grange, OF the Fire Board.
and follows:
The Board Of Fire Commissioners is informed
first that you permitted Assistant Fire MarsnaI
Frank and detailed Detective Policeman Lenz TO
remain on duty your bureau nearly three years
after having been repeatedly informed that tney
were unworthy men. unfit for their duties, ana
that while in almost daily contact with them
during this period you did not discover that tney
were associates and allies OF the incehdiaries'
whose crimes they were paid by the city 10 pre-
vent detect and punish. and that only after
Frank was known to one OF the Board OF Choer-
writer's to be corrupt lid you permit MIN 70 re-
sign and request that Lenz be relieved from duty
with the bureau and that both Of these men are
now under indictment for ofenses committed
while pretending 10 serve the city under your
direction ,, .,.,,
Second that you permitted an article entitled
"Organzed Incendiarsm in New-York City 10
be partially complied or "tabulated from Ihe
records OF your bureau" and published in the
Chronicle" an insurance Journal without inc
knowledge or approval Of the Board OF Fire Conn
missioners In violation or the regulations OF tne
Department Of which your bureau Is a part
HE IGNORED THE COMMISSIONERS.
Third that without the knowledge of the Fire
Commissioners you. as chief Of bureau under
their control. went 10 the Controller and asked
If a sum Of money could be set apart to be paio
TO informers or witnesses in arson cases when
necessary important testimony. ana
that finding that you could do nothing In tnae
direction with the Controller. you went 70 the
Board OF Underwriters and asked them 10 de-
terluine whether they could meet these expenses,
and that you did procure. or permit them 10 pay
out considerable sums Of money for therse eN-
penses without reporting the necessity LOT suVn
expenditures or giving knowledge tnereoi 10 the
Board OF Fire Commissioners, mus. wlthoue
warming bringing discredit upon their efnclency
and subjecting your ofncial superiors 10 Hui''''
ton and contempt. ~
Fourth that YOU have aenatei the good Will
OF many Of the detectives OF the ponce ioree oy
allowing the sole credit 10 be claimed for You ZOE
convictions in arson cases. which were secureo
upon evidence furnished by these detectives. ana
have rendered difficult, II not lmpossioie tnas
hcar,v and cordial cooperation between the de.
tect.ve force Of the Police department ana your
self which the Fire Commissioners consider do'
solutely essential to the success OF the FIRE Mar
should You desire to be heard in relation to
these matters. the Beard of Fire Commissiohelss s
Will appoint Thursday the llth day o. july aS
II a M at this office for the purpose ana 10 ue-
termine whether you ought TO be removed from
the office Of Fire Marshal Of New-iork CITY,
MR. Mitchell SILENT NOW.
Mr. Mitchell left Fire Headquarters soon after
being served with copy of the charges uecNh'
ing TO tell newspaper men wnat his intehtio"S
were or 10 speak about his case further. zen
eral La Grange said that the Fire Board wouio
proceed by authority Of Section No. 4s. OF the
Consolidation act which declares that heads
OF departments shall have power to remove
heads Of bureaus. but that no regular heaa o1
q bureau shall be removed until he has been
Informed Of the cause for the proposed renio'aS
and has been allowed an opportunity TO make an
explanation AZ to Mr.. Mitchers statemen@
about the publicity Of the intention 20 .e relnose
him. General La Grange said that the 'oiiiIs
soners were no more responsible Tor the news,
paper reports on the subject than MI Sii.0s ~
was responsible for published repor. tna. tno .
hain
surance adjusters whom he was trying 40 ha'o
indicted for arson. As TO the possioie s~uccess' ~
of Mr. Mitchell in the Fire MarshaI bu,eaai ra
General La Grange said: There are seVeraA
applicants for the office. certainly half a dozeh'
and the Commissioners will take all OF the APP
rlications into account before selecting any
rrandtdate We probably shall not make public
the names of the applicants for the position. pc
cause the who fail 10 get the once nlisns s
not want to have II known that tney "e'o
applicants for the ONCE.
soTEIDO WANTS TO STAY
The Commissioners will also make formal
charges against Charles A. Soteldo, the rire
DEPARTMENT purchasing agent who was asked
TO resign several days ago. but who mas COM
tnued 10 stick to his office. Henry winthrop
GRAY resigned the office Of Fire Commissioners
more than a year ago. after vainly trying Ia
force Soteldo out Of the Department Mr. Gray
accused soteldo OF Irregularities. and then the
Tammanv Commissioners turned upon MT. Cray
and virtually placed him on trial. SoteIoo wa
niared in the Fire Department by Henry ID.
Purroy and he was protected in his once oN
John Scannel Like Scannell Soteldo had kiiieo
h,s man Tho victim in Soteldo's case, accord.
ing 70 evidence presented at his trial In wash
inston was his own brother, A. NJ. soteldo. he
went with his brother T. the once OF h ne Na
tional Republican, In Washington. on reoruary
9 ISse after the newspaper had published AN
article rejecting on A. II. soteldo. They met
Clarence Barton the editor or the hewspapels
"a ottacked him During the struggle the
present pre-, purchasing agent of the Fire Departl
ment shot at Barton but A. NJ. Soteldo was hie
fatally Barton was wounded put survived:
Tha sounded Soteldo died two days later. and
the other one was arrested. charged with MUIR
der He was tried and acquitted. Earlier In
life c. A. Sotedo was arrested In Morrisah'a