Waterbury Democrat., 1900-11-19
THE ICE TRUST CASE
Governor Roosevelt Publishes
 Some Interesting Facts.
APPARENT HARDNESS EXPLAINED.
New York Worlds Action Against Mayor Van WycI< Shown Up fil a Somewhat LEGt-
 crOus Light.

NelL mas prepared Ile IOuOWlHS Hdei1o- randum of the charges against Mayor Van Wyck of New York city in the ice trust matter:
 'rhere are three wholly distinct sides to the ice trust matter.
 Tn the first place, there is the general question whether the American Ice com pany, dealing as it does in a necessary of life to the poor people of New York, was one into which it was proper for public spirited man to enter. This is, of course, not a question for legal action in any shape or form.
 'Second.-There is the question wheth- CT or not the existence of this so called ice trust is in violation of the antitrust law. Chapter 69O of the laws of 1S99). This, of course, can only be decided by the courts.
 We now come to the third side of the matter, the only one in which the gov ernor in his official capacity has any power whatsoever to act, viz, the charges against Mayor Van Wyck.
 ''1'hc history of the proceedings in con nection with these charges against the mayor is as follows:
 On June 2, 1900, q memorial to the governor was sworn to by David Fcrgu- son and Louis Southworth, reporters of the New York World, which memorial was submitted to the governor the fol lowing day. The charges were turned over by the governor to the attorney gen eral, with instructions to examine.
 While the charges were being consid- cred and before formal action upon them was taken, under date of July ', 1900, Ir. J. Noble Hayes, counsel for The World, wrote to the governor letter, which contained the following:
 ''I want to amend the charges pre- fer1 ed by The World before any formal action is taken upon them, the situation having changed somewhat since they were filed in consequence of the mayors s appearance upon the stand after having first refused to testify
 "On July 9 this letter was turned over by the governor to the attorney general.
 On July IS the attorney general re- ceived the following telegram from the petitioners, signed David Ferguson, L. +. Southworth, New Iork World:
 ".Wc beg to advise you that J. Noble Hayes, attorney for the petitioners in the matter Of the removal of Mayor Van Wyck, having withdrawn from the case, the petition will be amended and filed with you by MT. Wheeler H. Peckham or other counsel within few days
 However. in spite of this telegram, MT. J. Noble Hayes apparently did re- turn again as counsel in the case, for on July 2I, 1900, the amended charges were filed, signed by David Ferguson and Louis R. Southworth and indorsed on the outside as follows: J. Noble Hayes, Wheeler II. Peckham of counsel
 "A somewhat humorous feature of the proceeding thus far was that at the very time The World, through it's counsel, NIT. Hayes, and through it's two reporters, was asking for delay by requesting to put in amended charges the paper itself from day to day editoriaily demanded immediate action on these charges. Throughout July the paper thus continu- ed to demand action before its own coun- sel and it's own reporters had put in their final complaint.
 The amended charges were carefully considered both by the governor and the attorney general, separately and together, and on Aug. II the governor directed the attorney general to serve the mayor with a copy of them.
 Accordingly on Aug IT the attorney general served the mayor with a copy of the charges, giving him 15 days in which to answer. The mayor asked for two extensions, which were granted, although in neither case was he given the full time for which he asked.
 On Sept. 27 the mayor swore to his answer and submitted it to the attorney general within day or two at Syracuse, this being on Friday, and the answer was duly filed in the executive chamber and thereafter placed in the hands of the at torney general.
 "On Sept. 30 Mir. J. Noble Hayes wrote the attorney general q letter which concluded with. the following sentence:
 Tt is but fair that you should be ad- vised that neither Mir. Pecllham nor have as yet been retained by The World to do this work
 ITO this the attorney general immedi- ately replied under date of Oct as fol- lows:
 "I beg to acknowledge receipt of yours of Sept. 30, and I have carefully noted it's contents.
 ''I am certainly astounded at the as sertion contained in the last five lines of yoi-r communication-viz, that neither yourself TOT Mr. Peckham have been re- tained in the matter.
 r ''The charges are signed by two men who are unknown to us. The names of both you and MT. Peckham appear on the charges as counsel for the petitioners, and from your letters and oral communi- cations to the governor and me we cer- tainly had the right to assume and in fact have assumed nothing else out that you were the counsel for the petitioners in the proceeding.
 I am very sure that the governor has and 1 know that have relied on the fact that Mir. Peckham and you were the proper persons to treat with in the mat ter.
 "'Now, for the first time you have in- formed us that neither of you are retain ed, and therefore I would like to know with whom we are to treat.
 "'It is needless to recall the fact that it was at your request that the governor suspended the service of the original charges upon the mayor until you could file amended ones, for. which he has re- ceiyed harsh and unmerited criticism by the daily press.
 Upon receipt of this letter I think it would be well for you to see me at this office at once, that the governor may be informed and that I may act intelligently in the natter t
 .'On receipt of this letter MT. J. Noble Hayes came down from Bennington to Albany and had conference with the attorney general and on Oct. wrote the attorney general letter which contained the following statement:
 s' First let me state the case in word On July 26, when the amended charges