New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-11-28
TRADE FROM GARDINER.
u-,1rFs ATTACK ON MAzET COMMITTEE
INSTEAD OF oBEYING SUBPOENA
,,,or-1Ry RESUMED WITH TESTIMONY
TIVE HEALTH DEPARTMENT
SMOKE CONSUMER ADVERTISE
NENr CLOSE ON NOTICES OF
-, ~0,r >r-rsA\CE
SOFT COAL NUISANCE

>-xs,-n- the District Attorney Of this
a. was on Saturday last served with suo
e0u+ % appear before the Mazet investigating
pehe Yesterday upon the resumption OF Its
C on into the administrative conauct OF the
mq'g y.Vt, That subpoena emanaung from a
nu',.a committee Mr. Gardiner, elected by the
besIa 20 renresent them in the enforcement OF the
- ,etused 10 obey. In Ignoring the oroer OF
-. committee he went further IMAM olo any OF ms
~ leaders, who. however cohtuHAClous theS
- have been on the stand yet thoush' " au-
ma la.la "a respond to the summons OF the com
riittee. -.
", ,,rivinr by his absence his contempt for the
.-,,,,ee but OF publicly expressing IL yesterday
,.-,oon he addressed letter 10 the chairman
~ committee wherein. with herceness or
o. -. hitch has rarely been surpassed by the
instruct Attorney. recognized Auept 'housn ne Is
- ..,ra-at!on. he not only dehes the Legislative
II ,..oa Nrt also calls into question in unre-
Cum -or6s the honesty OF the committees
..,,ss and he sincerity OF its stated purpose
,s++e- covered eleven closely typewriter
cd while II went on the records OF the
pae.,,tea without being openly read IN court
"-s,,or was careful that copies OF II should reach
ga representatives At the outset of his
'iio -,..tion the District Attorney devoted con-
tso-,hle space expressing his astonlshmeht
49, the committee by serving upon him a
.r,s,a should thereby assert "a claim OF rght
- ,r,,bd-ay my attention from my public duties
-. he Voluntarily appeared before the commit
-. o. Tpne last. ne said he was equally astonished
- sbould be questioned concerning an IN
s,.a,, for murder OF exceptional intricacy and
,,@o,,+v which has taxed the energies OF myself
49, MEMBERS OF my professional staff for nearly
.l.yen months, and is now on trial
NO AUTHORITY. HE SAYS.
~., Ny Gardiner went on TO contend that the
..-rttss was without authority TO issue
sb,sus 70 swear witness or 10 examine one
~ The ground that when the Legislature mas Oy
concurrent resolution adjourned sine die no com
rr,,tee can be continued by either house with lesls
Iative powers. He ADDED
rbA natience Of the American people has been
well ulustrate led in the heads of departments OF oaf
div government who knowing your ut'er Ta aIeir
legal existence, nevertheless nave tlme anu sS11t
eIma before YOU having nothing TO conceal Dut
often kept days from their duties without oenlS
zen the Chief Magistrate Of this great metropolis
ola nII he 5epartments of municipal and county
Sro-k Inv your never ending unlawful lnteIlerelSes'
Your summons me for this month "a, after na Gle &C.
three things 10 be done by tne Less'atue nc r
ber a. preparation for the Presidential election;
and duly communicated 10 me by a sincere treha
sno 1o oTrhI Constitution at the close Of the De-
her Term 1885 The determination to punish punish t t
leader q the Democratic party IN TINS county tgT
his onnositfon TO your nefarious Astoria gran blI
before ne should go abroad forced y1u; soIn
lion that funds were being raised by leVy upon ral
oTt Pse6e q and BY other contributions for IN
corruptly influencing legislation. -, ,r,st,v u,si,.
or course once started ten bgJe had o. 70 60 ON to
tbe great Joy OF your paid counsel IN the VAIN e.
tSt' ,rr'ci1si adminstration amidst the ever in
creasnc Indignation Of our ctize rs as eNIhceo oy
fHf agsociates he plan having been disaT
Tanged then settled on the eXpedient OF com
- c. fOrS
Al these r a 4azen aS 3% that You
also Investigate.
Fo- several pages % his letter Mr.. Gardiner re-
,,rne5 10 the subject Of the committees author
NV and IN support OF his contention that 1t has no
jurisdiction he quoted decisions Of the higher
courts Of the state and Nation. The Legislature
he insisted having ceased 10 exist. left the COM
nittee without power.
WILL, LEAVE IT TO THE ASSEMBLY.
Nj Mazet refused TO make any comment upon
this letter and Mr.. Moss would only say that now
that NJ Gardner had put his attitude toward the
committee IN writing he would make further at
tempt 10 get the District Attorney on the stand but
would leave the matter be dealt with by the AS
s4mbly.
The morning session was mainly devoted 70 IN
curing into the Health Department In his exani-
nation OF the witnesses Mr. Moss brought out one
fact ,lnon which he dwelt with particular care and
that was the peculiar coincidence that whenever
the Department sent a warning 20 any individual
20 abate the nuisance of smoke by ceasing 70 use
soft coal the notice was invariably followed by
circular from the Automatic Smoke Prevention
Company calling attention 70 the advantages OF It's
smoke consuming device. President Murphy Of the
Health Board Maurice J. Power, Aqueduct Commits
sioner. and George P. Garland were called but did
respond
One Of the 1rst witnesses called was Herman OF
ten5erger, o. No. 81 Second-ave, who deposed that
he Board Of Health complained OF his use Of soft
coal Almost Immediately after the complaint was
made called upon him urging him to buy
smoke consuming inventions. lie also received cir
culars which stated that II the consumers were
used everything would be satisfactory 70 the Health
Department. That statement was made particu-
larry in one c!rcular-one sent by the Automatic
Smoke Prevention Company. Mr. Moss introduced
The circular OF this company in evidence in which
II was stated that its consumer was satisfactory
the Board OF Health" The representative OF this
company Is George P Garland one Of the witnesses
who failed 70 appear.
The witness said that he did not purchase this
consumer but one Of another make. He was
promptly indicted at the instigation Of the Board