New-York tribune., 1900-11-11
MAYOR PROBABLY SAFE.
POLITICIANS THINK THERE IS NO LIKE
LIHOOD OF REMOVAL ON ICE
TRUST CHARGES

torney General Davies wrote to Governor Roose-
welt about the answer, but several OF his friends
the City Hall said the Mayor longer in
danger Of removal from office on account OF the
charges. The Mayor had cause to be scared. II was
eaio, when the Governor sent mis- letter last Monday
evening declaring emphatically that the Mayor
would be held responsible for any trouble at the
polls resulting from failure TO recall the offensive
order of Chief DeveTy he police. The Tanmany
politicians were not surprised at the haste with
which the Mayor ordered Chief DeveTy 10 revoke
the order Since the Mayor acted so promptly on
the Governors warning, and since there wa6 quiet
and good order at the polls in the election, 1t is
said by many politicians the Mayor need not fear
the Governors wrath
Many Of the politicians believe. too. that the
action Of the Mayor last Monday night Will have
the effect Of preventing the pushing of the indct
anent against Chief Devery. There has been delay
in calling the Chief to plead TO the Indictment.
He viii make the formal pleading tomorrow. It is
understood. and the politicians Will be disappointed
II an application Of his counsel have the ndict-
Ynent dismissed is granted is reported that
Attorney-General Davies has been asked by prom
3nent Republicans recommend the dismissal of
abe Indictment.
The letter of Mr.. Davies on the Ice Trust charges
IS believed by many lawyers indicate dismissal
of the charges by the Governor. Several lawyers
have said that the position taken by the Attorney
General that the Mayors indirect interest in the
American ice Company did make him response
BILE for the company contracts with the city, is
unassailable. 1t = not TO be supposed of
the appointment of commissioner 10 take tesu-
Snony in support OF the charges opposition
sadvice Of his official legal adviser.
Wheeler H. Peckham and J. Noble Hayes. who
were retained TO draw up the formal charges, had
a consultation yesterday, and Mr. Hayes said later
that their connection with the charges had termi-
mated. Mr.. Peckham declined talk about the
knatteT.
MR. ODELL WON'T TALK
Governor-elect odeH said yesterday that there
was no occasion for further talk about the dis
patch he is supposed have Governor
Roosevelt before the Mayors answer was filed
at Albany, asking the Governor to have the answer
suppressed until after election. The is now
in the hands of Governor Roosevelt he said, and
the people may be that he will treat with
fairness and justice The Governor could not
ahe Mayors answer while he o. the State.
md think he Will be forgiven for allowing the
answer to await mis- consideration while he at
work in the campaign
Governor Roosevelt asked If he had any
thing TO add 10 his statement of Friday. He re-
piled that nc would say the subject
until he had had conference with Attorney-Cien-
eral Davies. That would probably be. he said,
Monday Tuesday next. The Governor said he
could not tell just when he would announce his de-
cision in the matter of the charges against Mayor
Van Wyck. He might give it Albany after
ne had consulted with the Attorney-Gene he
might wait until he returned 10 Oyster Bay before
announcing il. The Governor will leave Oyster Bay
Tomorrow for the Capitol
Secretary Youngs spent several hours looking
Through the Governors correspondence for the
Telegram said to have been sent by Goyernor-eect
OdeH 10 Governor Roosevelt relating to the charges
against Mayor Van Wyck. Mr. Youngs could not
find any OF it. and declared that If the mes
esge sent IL delivered Gov
-sTnor Roosevelt himself.
Mr.. HAYEs's STATEMENT.
J. Noble Hayes Of counsel in the petition Gov
'ernor Roosevelt for ths removal of Mayor Van
NFyck. made this statement yesterday in answer to
Attorney-General Dayies's letter:
cannot agree with Acknowledgement Davies's
TfHt Me- w ~ tit1 ioesIi!oI - puniisheo as 10
as charged, and that it IS susceptible OF proof
The Attorney-Genera apparently attaches little
fmportauce 10 tie main charge against the Mayor
it m9ISn is that ne was a part Of monopoly which
tnG Laws ct lss9 and which was bringing great suf
3riFatleh ana distress TO the citizens OF
NeN-York and which was actually menace
edapted TO the enforcement Of the laws against
nono2oileS o. 10 the prosecution of violators OF
of1ee, specifies 1hat he shall enforce the laws Of
the State within the municipality.
1t IS reasonable to suppose that the Mayor would
the Law as was attempted by the Ice Trust, and
taken aggressive action. especially when the
S!olatiOn Of the law was notorious That the
be disputed unless Mayor Van Wyck expected US
~ 16an 9e & he Tsf more Ignorant OF current affairs
or It, as h. was sharing in the unlawful profits Of
MAYORS SALE OF HIS STOCK.
ta1ss Was the or IT. the 2 fresdeEt NJ
corporation in Maine. The Mayor has admitted that
sng around 10 sell it. He wished to cleanse his
hands If he he thought he had a right to own the
seeks 20 paate his offence by citing that the late
Coler and 9th sr public officials Interested az
ftochholders in corporations having business deal
that Ghn 5 Of the a does st
another These men did their stock
Sausing great deprivation to the citizens OF New
t hoTk IN most instances these men had owned
The Mayor aites Judge Dion's opinion in support
has nothing TO do with this case In Letter ic Rhich
~ o9oge @ Diloh @ ~rShe or une II lso In reply to one
''It is to be borne in mind that my opinion re-
1ates only TO that provision section 1888 that re-
fers to the powers and duties Of the Controller
oeen SO eHtGnsyely used as an authority Justify
porat!on Of which he member in disregard
which he accepted Once To set Il up in onqee fSe
Mayors answer seems 10 me TO serve no other pur-
quoting section 6$S Of the charter the Mayor has
The Mayor says in another portion Of his answer
Eifh reference TO the making Of leases piers and
were done without his knowledge and adds Thai he
had no vote or influence with the Dock Board In
Dock Commissioners, thus seeking to absoIye bjne e
self from all responsibility for the action OF this
REMARKABLE DEFENCE.
This IS a rather remarkable defence for Mavo,
possessing the almost despotic power which the
] pTyeS ID in s seeon m 81 Of fhs pbs city 1t is
ehali be the duty of the Mayor 10 keep himself in
The Ecpaty xSundan5 pToson p Of
%heIe for the SUMMARY removal of heads of depart
for 1898 before the Mayor during ali this time
a. he