The age-herald., 1900-11-10
ODBLL DENIES
 ITS GENUINENESS Says Telegram to Roosevelt Was
 Not Sent by Him ICE TRUST CONTROVERSY
Alleged That Teddy Was Advised to Hold Back Van Wycks Answer Until After Election-Attor-
 ney- Generals Opinion

New York. November 9.-In connection . with the answer of Mayor Van Wyek to the charges against him filed with Gov ernor Roosevelt regarding his alleged im- proper connection with the American lee Company, the World today prints tele- gram purporting to have been sent by B. B. odell Chairman of the Republican State Committee and nominee of the Republican State Convention for Governor, to Cover nor Roosevelt as follows:
 September 26, 1900
 "To Theodore Roosevelt, Governor of New
 York, Cripple Creek, Colo:
 Wire Attorney General Davies to be sure not to give out to the reporters the Van Wyck answer at this time. It must be held until after the election Is over. This would imperil our chances and get us into a useless wrangle. I have also wired Davis B. B. ODELL.'
 Governor Elect Odell, when asked about the telegram said to have been sent by him to Governor Roosevelt, to suppress the answer of Mayor Van Wyck to "the Ice Trust" charges, said:
 That alleged telegram Is signed B. B. Odell.' That is not my name. l never sign my name in other way but 'B. B. Oden Jr.' My fathers name is B. B. Odel 1 asked my father if he had sent such telegram and he said he had not l do not know of any other B. B. Odell. l had investigation in this office (state headquarters) but no record has been found of any such communication to Governor Roosevelt while he was at Cripple Creek
 In the letter of Attorney General Davies to Governor Roosevelt, dated October l. communicating with the answer of Mayor Van Wyck, the attorney general, says:
 "rhe Mayor, by his answer, admits that during his lncumbency of the office he has been the owner of shares of stock in the American lee Company. He also admits that during the period in which he was the owner of such stock the American Ice Company had contracts with the city for the sale of ice to the various departments of the city and for the leasing of docks be- longing to the city. In my opinion the owner of stock in the corporation Is in- terested within the meaning of that word as employed in section 5S3 of the Greater New York charter in a contract between corporation and the city"
 Further on in his letter to the Governor the attorney general says:
 Tn order to justify the Mayors removal I do not believe that it is necessary to es- tablish case against him upon which he could be convicted of crime under the provisions of section 1533 above referred to, but l do believe there should be clear and satisfactory evidence of his moral guilt
 'lt Is of the utmost importance that no further proceedings should be taken in this matter until you are satisfied that the charges can be sustained. The Mayor of the greatest city in America should not be hu- inflated by being placed upon trial upon charges which are groundless or which cannot be proved. Under all these circum- stances and in view of the fact that the charges are made upon information and be- Her and considering the great expense both to the Mayor and the State involved in such a trial, l believe that before a con- missioner is appointed or any further pro- ceedings taken in this matter, you should require the petitioners to place you in pos session of evidence which, standing alone and undisputed, would justify the removal of the Mayor.
 Tn my judgment the Mayors answer should be made public at this time. As I have already stated its details and allega- tions are clear and explicit and 1t might at once be suggested that the charges should be dismissed or that a commisson- CT should at once be appointed and the Mayor given speedy opportunity to ex- onorate himself.
 You are powerless to act in this mat ter during your absence from this State. You cannot appoint a commissioner until | you reach this State, and l am informed that MT. Woodruff will decline to take the | responsibility of appointing one.'
 | reporter called on Governor Roosevelt at his home in Oyster Bay today and | asked him to the genuineness of the tel l egram given above. The Governor declined | to make any statement beyond calling | attention to the fact that about ten days | before the election he had said to a newspa- | per reporter there was no possible objection | to Mayor Van Wyck giving out his answer, | but as far he was concerned the usual | custom would be followed and the answer, | together with the communication of the | Attorney General would be made at the same time, the decisoion being given out.