New-York tribune., 1900-05-27
ICE INQUIRY STAYED OFF.
MAYOR AND COMPANY'S OFFICIALS NOT
YET READY TO PROCEED.
HINTS THAT APPEALS WILL BE TAKEN TO
TEST THE CoNsTITUTIoNALITY OF
THE ACTION AGAINST THEM.

THE ACTION AGAINST THEM
Mayor Van Wyck and those interested with
him in the American Ice Company, succeeded
again yesterday in staving off judicial probing
into the affairs OF the Ice Trust. The Mayor
his brother Augustus. John F. Carroll, Peter f.
Meyer. ]. Sergeant Cram, Charles w. Murphy
and Charles w Morse and John d. Schoon-
maker. the president and vice-president re-
spectively of the American Ice Company, ap-
peared before Judge Gaynor in Brooklyn yes
terday in answer to subpnnas issued upon
charges made by five members of the
Council against the Mayor and other Off
cials because of the disclosures of their rela-
tions with the trust. The proceedings before
Judge Gaynor We're brief, but significant for the
reason that intimaton made of the line or
defence which the Mayor and his colleagues
will follow In the intemperate statement he
made to reporters a few days ago the Mayor
tacitly promised explain to the courts just
how he became the owner of shares in the
American Ice Company. and to prove that his
connection with the corporation had been per
fectly legitimate in every way. In the face of
that statement 1T expected that the Mayor
when he came before Judge Gaynor yesterday
would offer a full and complete refutation of the
charges which have been lodged against him. 1t
was felt by many that for the honor of the
office which he holds he would endeavor to
came TO be stockholder In the ice company
and Of the circumstances under which he ac
quired the shares of that corporation which he
owns 1t is. in fact, admitted that several of his
friends advised him TO submit himself to ex-
animation. instead Of placing himself in an
invidious light by resorting to legal bubbles
and techncalites But ne and his brother
stockholders would have none of such advice.
Their counsel yesterday in Judge Gaynors
court, succeeded in obtaining further adjourn
ment by means of urging that stock device of
defendants who wish to postpone action
long as possibe-unpreparedness to proceed
PECKHAM READY TO PROCEED.
The move worked and the case was adjourned
until next Thursday. But that this move was of
an entirely specious character was demonstrated
by Wheeler II. Peckham, counsel for the oppos
ing side who said that he was exactly in the
position of counsel for the ice magnates. in that
he had not been able to examine the papers in
the case until the night before, but yet
ready to proceed. But delay was what the law
yers the other side fighting for. and
they won In the course of the arguments be-
tween counsel, William j. Patterson who ap-
peared for the Mayor, let fall hint that the
constitutionality Of the proceedings were to be
tested, thereby bearing out the opinion which
has been expressed in many quarters that the
men behind the trust would endeavor to prevent
the fight against them being brought to an issue
by carrying the case through the intermnable
process Of appealing to the higher courts on
technical points. The keynote to the whole
situation is the section of the charter which
makes it possible for any body of citizens to
force a summary examination of municipal
official whose integrity is assailed. The lawyers
for the defence, it is understood, will urge that
this action is unconstitutional for the reason
that it is opposed to personal liberty. This n
tention, it is said, will be carried to the Court
OF Appeals, and in that, case it will probably be
many months before the Mayor and other city
officials will be compelled to "summarily' n
swer the question whether not they stock
holders in the American Ice Company.
Just before 1870 o'clock the Mayor accom-
panied by his brother entered the court and
took a seat inside the rail Both were palpably
nervous but smiled affably at and shook hands
with acQuaintences. Before the court opened all
of the other recipients OF subp9nas, whose
names have already been given, were in attend
With the exception of Peter F. Meyer
each Of them had retained counsel. Mr.. Meyer
distinguished himself by acting his coun-
sci, although he frankly admitted that he had
heard that who was his own lawyer had
a fool for a client. The seats set apart for the
public filed within few minutes after the
opening of the doors. and many who afterward
sought admission were turned away
De Lancey Nicoll was the first of the defnd-
ants attorneys TO address the Court. I am
here he said, Ito speak for Charles w. Morse,
president Of the American Ice Company, and
wish to ask that the examination be adjourned
until Thursday of next week I have not had
sufficient time to prepare proper defence and
under those circumstances 1 do not think my
request is unreasonable"
rs there any opposition to the adjournment
as asked for?" inquired Judge GaynCr
NICOLL PERSISTS AND GETS DELAY
5ournment saying that he ready TO begin
and could see reason for delay.
Mr.. Nicoll persisted in his application. MY
time during the last few days. he explained,
has been fully occupied with proceedings be-
fore a New-York Police Magistrate and with
matters involving the Attorney General of the
State, and speak accurately when | say / have
had no time TO prepare for to-day's proceeding
] have glanced at the papers and believe that
they contain errors of constitutional law. l
want to examine them fully and have oppor-
tunity TO present these considerations TO the
court
Samuel Untermyer, who appeared for John F.
Carroll; William ]. Rand. on behalf of the stock
William j. Patterson, the Mayors counsel, each
Joined in the application for adjournment,
contending that they had not had time TO
prepare a defence.
had time 10 examine the papers until the night
before, but ready 80 proceed. This is
simply an order" he said, Ito inquire about
tain methods of official action. The counsel for
the Mayor and one or two others say they have
read over the order and are somewhat prepared