The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-11-19
Can Act in Official Capacity in
but One Fhase.
Says He II Not the Judge of Any
Mans Right 20 Buy Trust stock,
Nor of the Legal status of the
American Ice Company, which
Can BE Determined Alone by the
Courts. where the Question Ii
Now Pending, hut Under the
Greater New York Charter He
Can Act Upon the Charges.

ALBANY. ~. r., Nov. ls.-Gov. Roose-
welt has prepared the following memoir
andum OF the charges against Mayor Van
Wyck. Of New York city. In the ice trust
matter:
There are three wholly distinct sides
In the ice trust matter.
In the first place. there is the general
question whether the American lee Com
pany. dealing as ii does In a necessity of
life TO the poor people OF New York. was
one into which II was proper for a public
spirited man TO enter. This is of course
not question for legal action in any
shape or form Moreover. ii Is unneces-
sary to point out that whether the cor
poration is legal or Illegal proper or :in-
proper in character IL is an act OF utter
hypocrisy on the part of any public man
10 denounce trusts in general and his
trust In particular In the platform ard on
the stump while he. at the same time In
his private capacity, holds stock or has
held stock that he thus denounces.
Attention is called to this feature sim
ply because an effort has been made TO
show that unless legal action against the
trust or some Of It's stockholders can be
taken. these same public men are to be
exonerated.
Second. there Is the question whether
or not the existence Of this so-called ice
trust Is In violation of the anu-trnst law.
This, Of -Aurse. can only be decided by
the courts
Matter In Before the Courts.
"On May 2s 1900. the attorney general
instituted proceedings to snnul the GER
tifcate of the ice company under this
law. The corporation through its coun-
bel, has fought the .actioa at every STAGE
on technicalities. on the merits of the
case. The first decision before Judge
N fa af Hp * fns m
appeal has been taken by the defendants,
which was argued weeks ago. and the
attorney general Is aaily expecting a de-
cision by the appellate division "n this
appeal The defendants obtained a stay
~ proceedings pening the appeal All
ossihle diligence has hce.i shown by the
attorney general in the effort To secure
the annuliment OF the certificate. and
nothing could have been done by the state
to expedite proceedings which has
not been done. The delay Ia due. of
course to the course Of the corporation
itself. whose stockholders include the
public men above alluded TO.
Can Act ON Charges.
I'VE now come 10 The third side NJ the
matter. the only one N which the govern
or In his official capacity, has any pbwer
whatsoever to act. VIZ. the charges
against Mayor Van wysk.
''Inasmuch MS the question as to wheth-
er the ice corporation IL moi trust. or
MONOPOLY. Is before the courts fof decis-
ion. until they have acted. action by the
governor can onlv with rropFiety he taken
under tht Greater Nav York charter. 50
far as the charges are brought under tfis
charier Il makes no din srcncs a. regards
the mayors condust. whether he Hfcfe-
sad corporation Is OF " not trust with-
IN the meaning ~ the Law"