New-York tribune., 1900-11-19
TRUTH ABOUT THE ICE CASE
GOVERNOR ROOSEVELT MAKES PUBLIC
THE FACTS OF TRUST PROSE-
CUTION AND DELAY.

Albany. Nov. IS-Governor Roosevelt has pre-
pared the following memorandum of the charges
against Mayor Van Wyck of New-York City IL
the Ice Trust case:
There are three wholly distinct sides to the Ice
whether the American Ice COMPANY dealias as it
goes goes N necessary OF lie 70 the poor people Of
puoAc spirited man TO enter; This is, OF course,
Trn 40I foT legal action in any shape or
that whether the corporation is legal or Illegal
utter hypocrisy on the part of any public man 70
qeGunce trusts IN general and this trust in par
at toc the same anne tine in his private capacity holds
mas IS R dsed to h
simply because an effort has been made TO show
Of its stockholders be taken these same public
men are to be exonerated
existence Of this so-calied Ice Trust is In violation
1880. This, Of course. only be decided by the
On May Is 1900. the Attorney-GeneraI instituted
proceedings TO annul the certificate of the ice COM
Pany under this statute The corporation. through
on @ too not The merits OF the case The
Of the State An appeal was taken by the de-
fendants. which was argued weeks ago and the
the Appellate Division on this appeal The de-
ppea a6tnsd pose stay Of @ pending
the Attorney General in the effort the
been done by the State to expedte proceedings
which has not been done. The delay is due, Of
alluded to.
HISTORY OF THE PROCEEDINGS
only one in which the Governor in his his oficia ca
pacity. has any power whatsoever to act viz: The
Inasmuch as the question as to whether the ice
fore ous o for rs eoso5 hSt 5rps5 u Er H is be
under Section iss Of o the reater Ps
Charter; So far as the charges are brought under
sals section Il makes no difference, as regards the
Is or is not trust within the meaning Of the law
these ebergee 81 sae pr9Geedngs I IN conneGton with
n IN June 1Sco memorial TO the Governor was
worth, reporter Of The NeWYork Word %biah
IneInorai = was submitted to the Governor the fol-
governor 10 the AttorneyGeneral with Instructions
While the charges were being considered and be-
date ~ Iai eet3n oo upon then was taken. under
Ihe W9rd wrote to the Governor letter which
vorid "ft 10 snen6 the charges preferred by The
hem any formal action is taken upon
they were fled in consequence Of the Mayor's an
pe@fsnce p upon the stand after having first refused
e11nr On Iny m this letter was turned by Gov
me On July 13 the At
fsog the svDTt PetiO1srs signed DsEid Ferguson l.
We beg to advise you that J. Noble HAYES attor-
ney for the petitioners In the matter the removal
case, the petition will be amended and fIed with
you py Nj Wheeler H Peckham or toher counsel
However, in spite of this telegram. J. Noble
the case for on July n 100 the amended charpes m
Sere a!ed signed by David Ferguson and Louis r
y Noble Hayes, Wheeler H Peckham, OF coun-
THE WITHDRAWAL OF COUNSEL
+b. s9mewhat 2s humorous feature Of the proceeding
through its counsel Mr. Hayes ' and tsroHsb mG5q is
two reporters, was asking for delay by requesting
day ed1ofay ded Re afon 62m
tf on these charges Throughout July the paper thus
ana It's own reporters had put in their final
The amended charges were carefully considered
ooth oy the Governor and the Attorney General.
ernor directed the Attorney-Genera TO serve the
Nay mayor VIII IN copy Of them Accordingly on Au-
IN MtR wse copy 70 OF the @ giving him hfteen @ days avs
extensions which were graSted. asa although in
neither ne case was he given the full time FOR which
answer and submitted 1t TO the Attorney-Generhl
within day or two at Syracuse, this being on
Executive chamber and thereafters placed in the
handS m & q the rAftorney-General On septem6er 30
J. Noble Hayes wrote the Attorney-General let
TT II but fair that should be advised that
tsiIne neneF ~ Mr % %Peekham nor has as yet been re-
,1ds 10 ths the Immediately replied
oh'eF GATE OF october sgbsn2 as 6sS~ October 1900
y; Noble Hayes, ESQ, Bennington. VI.
o. JeS 10 acEnOWleuSe receipt OF yours
contents
Il certainly astounded at the assertion CON
tained IN the last five lines OF your communication
been retained In the matter
the charges are signed by two who
unknown 10 us. The OF both you and Mr.
Peckham appear on the charges counsel for the
munications to the Governor and we certainly
had the rlght 10 assume. and, in fact have
sumed. nothing else but that you were the counsel
for the petitioners in the proceeding
know that J have relied on the fact that Mr.
Peckham and you were the proper persons to treat
with in the matter Now. for the first tire Won
have infor'0 ed that neither of you is retained
to treat
'Tt is needless 10 recall the fact that it was AZ
your request mat the Governor Susnended
vice OF the original charges upon the Mayor until
ceiVed harsh and rnrerpitted criticism nv the daily
press. Upon receipt Of this letter think N wnu,d
he well for you 70 at this Office at once
that the Governor may be Informed nd thar NAV
act intelligently IN the matter Yours truiv
JOHN Q. DAVIES"
A COMMISSIONER SELECTED
on receipt OF this letter Mr. 7 Noble rJaves
came down from Bennington 10 Albany and had
conference with the Attorney General and on Octo
Der wrote the Attorney General letter which
contained the following statement;
First let me state the case in a word On July
2s. when the amended charges were filed with the
Governor and in your office he had my assure nee
that The World stood sponsor for them as was
well known that time and would appear and
prosecute them through Mr.. Peckham and myself
counsel and that all the resources OF the paper
would be employed to collect and present the evil