The sun., 1900-06-29
ICE, 30, 40 OR so CENTS.
RETAILERS ARE TAXING WHATEVER
THEY CAN GET.
Wholesale Price Ii - q Ton Hearing Before
Referee Nussbaum Put on TO July B-Dis-
trtct Attorney Gardner Calls on Linstein
4 Townsend for All Their Evidence.


Because OF stipulation In Justice Chesters
decision dismssing the writs that prevented
further hearings before Referee Nussoaum In
the American Ice Company case. me
hearings will not be resumed until July 8.
Upon the authority Of Clarence j. Shearn OF
Einstein Townsend counsel for W. X. Hearst,
the statement is made that every wholesale
dealer In ice in Manhattan and The Bronx is
now selling Ice at the bridge at - instead
of u a ton. That the American Ice Company
and the Independent dealers are selling at the
same wholesale rate is owing, Mr. Shearn says,
IN verbal agreement between the Independent
dealers and the trust which went into effect
week ago last Monday. Mr.. Shearn said that
representative Of the American Ice Company
called upon each Of the six or eight independent
dealers in Manhattan and Brooklyn about two
weeks ago and told tho independents that on
and after Monday. July Is, the trust intended
TO put up the price Of ice tos4 and that anybody
In the wholesale ice business who didn't follow
suit would regret It or words to that effect.
The independents discussed the matter among
themselves and concluded that they wouldn't
undersell the trust in the wholesale business
anyway. Accordingly they entered into
verbal agreement, which went into effect
week ago last Monday to sell at wholesale at
the same price az the trust. In Manhattan
and The Bronx that price is a ton and in
Brooklyn. 90.
AsIto the retail price. everybody appears to
be retailing ice at whatever he can get. The
prevailing rate Is 20 cents hundred, but ice Is
being sold "a low as 80 cents and as high rs
80 cents. A lawyer who lives in Harlem told a
Sun reporter yesterday that, judging from
his experience. a person could buy Ice from the
independent dealer or the trust for about what
he was willing to pay.
why" said this man, "you can not only
get ice at almost any old price, but, so far as
the trust is concerned, you don't have to pay
at all II you don't want to. Just to see what
would happen have told my wife for the three
months Just TO file the American Ice Company's
bills away, pay no attention to them and see
what would happen. The only thing that's
happened so far Is that we get ice right aleng
and pay nothing. No collector ever comes
around"
1t is reported in the upper part OF town that
the price one has to pay for ice depends entirely
upon the amount Of kicking the purchaser Is
willing 10 do. If he objects TO paying 40 cents
a hundred he can buy for 80 cents. But on
the other hand. if he doesn't find any fault
the price will be so cents.
District Attorney Gardiner sent letter yes
terday to Einstein a Townsend. the lawyers
who conducted the criminal proceedings against
the American Ice Company. in which he set
forth the position taken in the matter by the
District Attorneys Office. lie said that he
had delayed presenting the case 10 the Grand
Jury at the suggestion OF the Attorney-t,en-
eral, who at the time mad under consideration
the drawing OF an extraordinary Grand Jury
to investigate the matter. The letter goes on:
The Grand Jury met on Monday last. They
had put aside all other business ior this case
The people could only present those witnesses
whose names and several addresses were found
indorsed upon the compliant IN usual course.
Your client, Mr., Walter Howard, the complain
ant, went before the Grand Jury and was af-
forded on direct inquiry the fullest oppor-
tinity to give the names ana directions OF
any other material witnesses; and the Grand
Jury were thoroughly aprrised as 10 this case
in its every aspect and OF the several proceed
ines taken by you. Having waited until you
ascertained that tha Grand Jury had failed
20 find an indictment, You addressed me a COM
munication. dated June 25. 1900 and gave II
10 the press, and the next morning, June 28
1900 you sent IL TO this Office by special mes-
senger, in which communication you COM
planned that this Office had never consulted
you nor made any efforts to consult you in re,
latlon TO the evidence Necessary To be produced
before the Grand Jury, and that in the time
given IL was impossible 10 properly put the
case before the Grand Jury, as your witnesses
between thirty and forty. are widely scat
tered, many Of them residing without the State.
Therefore YOU concluded 10 let this Office as
sume the responsibility Of the haste and made
Quate presentation to the Grand jury of a case
involving such grave public Interests.
In other words II appears TO have been your
Intention 20 unload upon this office the respon-
siblllty for your own failure and neglect in
the premises, You had had thirty days from
the time in which Magistrate Ieer had held
the defendants to answer III bail 10 come here
in ordinary course and consult with the District
Attorney, II YOU had ANYTHING further 10 put
before him on the subject and 10 furnish him
with the names and addresses Of any additional
witnesses in your possession. You know per-
fectly well that that is the ordinary and reg
lar course taken by all attorneys. and Mr.
Shearn of your firm was so notified by me per-
sonally when he called here As YOU did not
follow this course tho inference was ire
s.tihle that You had the names of no further
witnesses TO give to this Office for presel taton
to the. Grand jury. and that YOU had fully pre-
sented your case 70 Magistrate Ieller.
From your communication II is evident
that YOU do not consider that there was sucl-
cent evidence before the Grand Jury to war
rant an indictment II was your duty 10 have
put before the Maristrate sufficient evidence
To warrant the subsequent finding Of an indIct-
meut, II. as YOU say, you have II. cannot
understand your neglect to give TO this Office
the desired information, after repeated and
reiterated requests
Il do not propose that you shall, through the
medium Of the press and in order to advertise
yourselves place ei thor this Office or the twenty
three gentlemen who constitute the June Grand
Jury In a false light. You say YOU have col
lected mass Of evidence warranting the in
dictment and conviction Of these defendants
which you will be glad 10 lay before this office
j now call upon you 70 do so without any fur
ther delay and | will submit the same TO the
proper Court for Is consideration on an appli-
cation for an order for resuhmsson to the
next Grand Jury. Very respectfully. your
obedlent servant.
ASA BIRD GARDINER, District Attorney