The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1900-11-27
ROOSEVELT DIsMISSES CHARG-
ES AGAINST VAN WICK.
PROOF WAS INSUFFICIENT
Complainant Failed to Establish
Willful Violation of Lava
Few Suggestions.

Albany, Nov. 23-GOvernOr ROOse-
welt today gave out his decision OH the
petition for the removal from Office Of
Mayor Robert A. Van Wyck Of New
York City. He declines to make the
removal on the grounds that while
Van Wyck undoubtedly was a stock
holder in the American Ice company,
there was NJ proof that he willfully
violated the law forbiding a public
officeholder to be a stakeholder in any
corporation having dealings with his
municipality.
The governors memorandum says:
"The brief presented by MI. Hayes,
counsel for the World. undated, but
received in this Office November 30,
contains no additional testimony or
Indication where additional testimony
can be obtained. The situation there
fore is unchanged from what it was
October 4, 1900, when the attorney
general wrote his letter to me.
"There is, therefore, as stated by
the attorney general in his letter of
November %, little to add to what
was contained in his letter of October
4. I concur in the attorney generals
opinion, it being my judgment that
the so-called ice trust is not a corpor-
alton in which the mayor of New
| York should have stock. But no proof
has been offered of any willful viola
ton of the law on the part of the
mayor, such as would justify the
drastic measure of removing him from
Office. The penalty Of removal from
office should be treated much as we
treat the power of impeachment. 1t
is an extraordinary and not an ordi-
nary remedy. The normal remedy for
bad government must be an appeal to
the people, and only IN exceptional
cases is it desirable to substitute for
this appeal the penalty Of removal or
impeachment. The case is therefore
dismissed"
In giving out his decision the COVER
nor said: "There has not been an
hours unnecessary delay Oh the part
Of state authorities. Fifty-five days
elapsed from June 2, when the World
first filed it's charges until, July ~,
when it's amended complaint put those
S1lu1 StS Ill AAu4 4OALlS dAu ~ nay .
elapsed from August II, when these
charges were served upon the mayor
until September ~ when the mayor
filed his answer. The delay since
then has been solely due to the fact
that the World at that time discharged
the counsel it formerly employed and
declined to go on with the case, leav-
ing it completely in the air for the
time being.
"Although the matter Of the trust is
not directly involved in this decision,
I wish to point out that the existing
law of the state, even provided that
under it the attorney generals action
against the ice corporation should be
successful, is not at issue. In my last
annual message to the legislature, I
recommended the adoption of a system
which would secure reasonable pub
licity Of such facts concerning corpora
tions as the public has a right to
know and a reasonable restriction of
their powers. Events have shown,
and especially in view of what has oc-
Cured in regard to the ice trust, that
stronger measures than I recommended
should be taken. Not only should the
recommendations concerning corpora
tions mentioned above be enacted into
a law, but there should be lodged in
a commission the power to prescribe
under what conditions foreign corpor-
ations can do business in this state,
and to deprive them of their charter
should they at any time violate those
conditions"
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