New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-06-01
WANTTO HIDE THEIR DEEDS
CITY OFFICIALS DECLINE TO INCRINfI-
NATE THEMSELVES.
arJ pRETENCE OF NOT FEARING INvES-
TIGATIoN THROWN OFF BY
ICE CoNSPIRAToRs.

. o,o marc Nsvor Van Wyck and his pals" OF
ere Ire Trust have succeeded in postponing for
while the time when they must disclose the secrets
o- their compact but in doing SO yesterday they
aisclosed more clearly than ever before the hol-
lov,ess Of the previous pretences Of the Mayor and
~ 0ock Commissioners that they had nothing
"a fear from the most searching investigation
This was fully proved 10 many minds by Charles j.
7ostte-son counsel for Robert A. Van Wyck. when
De- argued that THE MAYOR SHOULD NOT BE
PIT Upon THE STAND TO PROVE THAT HE
HIMSELF HAD BEEN GUILTY OF A CRIME.
This then. is the line of defence it seems, which
has been adopted by the official who boastingly
exclaimed the reporters recently: Tell the
people that their Mayor Is all right.
The proceedings where this interesting fact de-
yeloped yesterday were held before Justice Gay
nor OF the Supreme Court, in Brooklyn. in connec-
ton with the petition signed by five members OF
the Municpal Assembly asking that the alleged
conspiracy between city officials and the Ice Trust
be judci,lly investigated. Wheeler H. Peckham
snd }. Noble Hayes appeared for the Assembly
men. Charles J. Patterson for the Mayor Samuel
Tlterrnyer for John F. Carroll, John L. Cad
walader for the Dock Commissioners and De
Lancey Nicoll for President Morse of the American
Ice Company The Mayor. his brother. Augustus
Carroll and Dock Commissioners Cram and
Murphy were also present. Their lawyers all ar
Eued thst the should be dismissed, urging that
the secson Of the city charter under which II was
brough was unconstitutional for several reasons.
one o. which that no person should be COM
PEELED to give evidence that would tend 10 degrade
or terminate himself. Mr.. Patterson declared
bolfy that ne had advised he Mayor not to sub
nit 10 examination.
Mr Peckham maintained that tho char+e- .ra,,so
vas constitutional, and expressed his surprise tina
ne Mayor and the Dock Commissioners should
seek TO conceal from the public their official acts
IN answer to the other argument of the Mayor
counsel Mr. Peckham said:
Now they also say that they cannot be cou,pelled
70 incriminate themselves. The courts have de-
claea mat before the question be raised the
foT HIM 10 declare if It viii incriminate him He IS
gulte early day legislatures sought evade the
col;eqIefices OF that principle. and there
clded and reafhrmed that man cannot be forcei
but thaf TESTIMONY i may ne USED against him
tlaT Deen, perhaps the means of furnishing, shall
supposins for example that we ask Dock Com
missioner 70 produce the records of the Dock Board
the city, can he claim that the production Of these
cais at our rst question rAf ' ne Te PUo n or
ground that answer would incriminate them we
say so themselves and not through counsel.
Justice Gaynor instructed counsel submit briefs
not later than noon to-day, and said that in case
the order was not dismissed the examination would
be continued on June g. adding:
I am under the impression that the charter pro-
vision does not guarantee the officials immunity.
and that they may their constitutional privi-
phase OF criminal proceedings against the re-
spondents. IN which case they refuse be
sworn. This does not mean, however. that the case
cannot go on, for IL does not prevent you from
swearing other witnesses.
No witnesses appeared yesterday before Referee
Nussbaum. who has been appointed in the
Attorney-Generars proceedings TO examine the
books and officers Of the American Ice Com
pany TO learn If any grounds exist for pre-
venting It from doing business in the State It is
supposed they VIII plead in excuse that they had
also been summoned to appear in Justice Gaynors
court on the same day. Mr.. Nussbaum adjourned
the hearing until o'clock this afternoon President
Morse was served yesterday with an order to ap-
pear before Supreme Court Justice Chase in Cats
kill Saturday. and show why he should
not be adjudged in contemr- Il court for not pro-
ducing the books of the trust before Mr.. Nuss-
baum