New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-06-02
MAYOR MIGHT BE PUT OUT.
NEW WEAPON DISCOVERED FOR DEAL
ING WITH TRAITORS.
ICE TRUST CONSPIRATORs. ATTACKED ON
ALL SIDES, ARE BEGINNING TO
LOSE HEART.


Another vulnerable point Is thought to have
been discovered in the armor of the Ice Trust
and in the shield behind which hide those faith
less city officials who have helped it to secure
monopoly here The city is of the largest
customers that the American Ice Company has.
Its bill for ice supplied its verious charitable
and penal institutions and also to the offices of
its many employees is an immense one. Now, If
1t can be legally proved that the Mayor or any
other city official owns stock in any company
which sells anything to the city, that city Off
cial has committed misdemeanor, and is sub
1,553 of the city charter
What may be called the discovery Of this
clause in the charter heretofore overlooked in
the fight with the trust may have exceedingly
important results. Robert A. Van Wyck it is
believed. cannot much longer put off the evil
day when he must go upon the stand and tell
under oath whether he holds Ice Trust stock or
not. and it is expected that he will then be
obliged to admit the charge that he did receive
four thousand such shares. That admission
will at once be laid before Governor Roosevelt.
Proceedings for removing the Mayor may then
be started at once may be preceded by an
indictment for misdemeanor by special Grand
Jury
Truly the sword Of retribution is threatening
the ice barons every side. The carefully
guarded list of registered stockholders in the
American Ice Company is at last to be laid pare
Counsel for w. r. Hearst forced the trust yes
terday to let them examine the stock books IN
spite of the vehement protests of De Lancey
Ncoll. the trusts lawyer. who finally offered
to give the books up without further opposition
on condition that their contents should not be
made public The referee before whom the
argument was held said he would order the
books to be read IN evidence on the spot. but
Deputy Attorney General Coyne said he would
be satisfied with private examination OF them
in the office of Mr.. Hearsts lawyers. THESE
books it said by the witness who produced
Them contained the names of everybody who
has held stock in the American Ice Company
since April Il, 1899 and Had 1t registered.
The witness was Arthur Terry, secretary OF
the City Trust Company. which acts as the
register of the ice company. When Mr.. Terry
left the stand however. he insisted upon taking
the books with him. This reopened the ques-
tion and Mr.. Enstein protested that the names
would have 10 be read in evidence, adding; we
cannot be running after the City Trust Com
pany every time want to use these DOCKS
Then the lawyers gathered in corner OF the
room to fight 1t out without getting the details
on the record. 1t was arranged that copy OF
the stock books be made. and it was decided
sends office should go to the offices of the City
Trust Company and take from the books a list
of the stockholders names and shares. from
dictation by the secretary. This proposition was
acceded to by all the lawyers
These proceedings were held before ex-senator
Myer Nussbaum referee in the case instituted
by Attorney-Ceneral Davies with a view to find
ing out whether not the American Ice Com
pany should be debarred from doing business in
Eafn fha
referee yesterday, but Mr.. Einstein said he
would not examine him until Justice Chase OF
the Supreme Court, had decided whether or not
Mr. Morse was in contempt of court for refusing
to produce the books at the first days hearing
before the referee. That matter comes up before
Justice Chase in Catskill. N. Y. to-day.
When it was decided that he would not be
called yesterday Mr.. Morse at once left the
room AS soon as he was safely outside Mr..
Ncoll asked that it be noted that Mr.. Morse
had appeared and had brought the books and
papers with him which were called for in his
subpoena
What books did he bring?" asked Mr.. Elm
stein quickly.
Il don't remember replied Mr. Ncoll.
The next witness called after Mr. Terry was
C. A. Dunham formerly of the Glasco Ice Com
pany, who told how the Ice Trust bought up the
Glasco concern. After him came Captain Abra-
ham Rich, an ice expert from London Hill. Me,
and a retired naval officer. He swore that one
thousand tons of Maine ice laid down on New
1Crk pier would cost al - a tOIl ana tndl tne
cost Of that ice delivered at the doors of small
consumers would be So ~ ton. The Ice Trust
charges S12 a ton. He admitted that the natural
ice crop was somewhat short this year. but said
positively, as The Tribune some time ago
serted. that this due wholly TO the fact that
the trust would not harvest it. They wanted
shortage and they got it by letting the ice melt
away which nature had bountifully provided.
OF the Maine output, Captain Rich swore 80 per
cent was controlled by the American Ice Com
pany The hearing was then adjourned to Mon
day morning.
ferred with Justice Andrews in the Supreme
Court with the purpose, it is supposed. of OBJ
tanning a stay of the hearing. The attempt was
made to get this order on Tuesday, but
the only thing obtained was an order to show
cause why the order of reference should not be
vacated and this will be argued on Tuesday.
Yesterdays move by Mr.. Nicoll was apparently
a. last attempt to prevent continuation of the
hearing. On leaving the Justices chambers Mr..
Nicoll had obtained order of any sort.
Mr.. Carroll, Clerk of General Sessions. has
received from Magistrate Zeller the complaint
and other papers in the Ice Trust prosecution
on the criminal charge of conspiracy. The Dis
trict Attorney holds that the case should he
tried in the Court of Special Sessions, as the
officials are charged with a misdemeanor. As
criminal proceedings might be allowed to rest
until the civil cases have been disposed Of
The briefs in the action of the five Council
men before Justice Gaynor. of the Supreme
Court Brooklyn 10 force Mayor Van Wyck
and other city officials 10 tell how, when and
handed up at noon yesterday. Wheeler II. Peck
ham submitted a brief for the plaintiff,
Charles J. Patterson for the Mayor. and Mr..
Untermyer for John F. Carroll. Justice Gaynor
will hand down decision some day next week