Waterbury Democrat., 1900-11-09
STOCK OF ICE 60.
Attorney General Davies Letter
 Made Public.
No FURTHER PROCEEDINGS

He Says, Should Be Taken in the
 Matter Unless Charges Can Be Sus-
 tained Against Mayor Van Wyck-- The Mayors Action in Buying Stock
 Not Sufficient Evidence of 2 Criminal
 Intent.
 New York, Nov 9.-In connection with the answer of Mayor Van W!ck to the allegation that he had violated .he law tn SalcttOning contract be- tween the city and tbe American Ice CC. Of which tie mayor was q stock holder. tller, is published to-day let ter da;"d October I. from Attorney Gruc.at Davies to Governor Roosevelt, informing hin. of the nature of Mayor Van Wyck's reply. Further on ill his letter 10 the governor. the attorney general says:
 The mayor hy his answer admits that during his incumbency of the office he has been the owner of shares Of stock ill the American Ice Co. He also admits that during the period ill which he was the owcer of such stock the American Ice Co had contracts with the city for the sale of ice to various departments of the city and fer the leasing of docks belonging to the city.
 In my opinion the owner of stock in the corpora ton is interested within the meaning of that word as employed in section 1,533 of the Greater New York charter in a contract between the corporation and the city,
 Further on in his letter he says:
 "In order to justify the mayors re moval I do not believe that it is neces sary to establish case against him upon which he could be convicted of crime under the provisions of section 1888 above referred to. but l do be- lieve there should be clear and satis- factory evidence of his moral guilt.
 ''The answer shows that when the mayor acquired his stock in the Amer ican Ice Go it had no business relations with the city of New York. and did not have for a long time afterward. and that as soon as he discovered that it had such relations he immediately commenced to dispose of his stock. The answer also contains the most ex- plicit denial of any intention of creat ing or fostering a monopoly or of any knowledge or informal l)n of such q scheme. With a single exception the answer is very complete and satisfac- tory.
 ne eNc6pllOu lO WHICH 1 TeleF 1S the admission contained in the answer that the mayor bought the stock in question from the president of the American Ice Go and gave him prom iSsory notes for S200.OOO payment of the greater part of the same. Ger tain differences may. perhaps. be legft imately drawn from this transaction. but standing alone it is not sufficient evidence of criminal intent.
 ''It is of the utmost importance that 10 further proceedings should be :aken in this matter unless you are satisfied that the charges can be suS- tained. The mayor of the greatest city in America should not be humili- ated by being placed upon trial upon charges which are groundless or which cannot be proven.
 Under all these circumstances. and in view of the fact that the charges are made upon information and belief. and that Mir Hayes and MT Peckham appear to have practically withdrawn from the case, and considering the great expense both to the mayor and to the state involved in such trial. I believe that before a commissioner is appointed or any further proceedings taken in this matter. you should re 1uire the petitioners to place you in possession of evidence which standing alone and undisputed would justify the removal of the mayor.
 ''In my judgment the mayors an swer should not be made public at this time. As I have already stated. it's denials and allegations are clear and explicit. and it might at once be sug. gested that the charges should be dis missed or that commissioner should at once be appointed and the mayor cir n " Tn ate himself.
 "9ou are poweriess to act in this ma tier during your absence from this state. Ton cannot appoint commis- sioner until you reach this state. and am informed that MT Woodruff will decline to take the responsibility of appointing one"
 The World to-day. in view Of Mayor Van Wyck-s answer to the charges that he was improperly interested In the Y American Ice Co. prints the following copy of T telegram which. it says. was J sent to Governor Roosevelt by B. B Ode1l chairman of the state republican committee and republican candidate for governor:
 September 26. 1900. ''To Theodore Roosevelt, Governor of
 New York. Cripple Greek. Col:
 "Wire Attorney-General Davies to be sure not to give out to the report ~ers the Van Wyck answer at this time It must be held until after the cleo ion is over. This would imperil our chances and get us into serious wran- gle. I have also wired Davies.
 ''B. B. ODELL."
 A reporter of the Associated Press was showed the foregoing telegram to MT Oden at his home in Ncwburg to- day and asked him whether the tele- gram had been sent by him. The gov ernor-elect replied that he must decline to be Interviewed on the subject.
 ELECTION IN ST, JOHNS.
 St Johns. N. F.. Nov I.-The first election returns received in the colon ial general election held yesterday fav- nr Mr Rai,l The Rrigus district elects