New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-11-24
VAN WYCK KEEPS OFFICE
GOVERNOR ROOSEVELT De
CLLNES TO REMOVE HIN
NO PROOF, HE SAYS. THAT THE MAYOR
WILFULLY VIOLATED THE LAW BY
OWNING ICE TRUST STOCK.

WILFCLLY VIOLATED THE LAW BY
OWNING ICE TRUST STOCK.
Albany. Nov. % CspeciaD.-Governor Roose.
Welt has dismissed the charges preferred a9ains.
Mayor Van Wyck Of New-York by counsel OF
The New-York World" II will be remembered
that The Worlds" counsel called attention TO
Mayor Van Wyck's purchase Of stock OF the
American Ice Company. and asked for his re-
moval. taking the ground tnat as Mayor OF the
city. he had no right to be pecunariIy interested
in the business Of the company. in view OF its
selling Ice 10 the city Governor RooseveIt's de-
cision is as follows;
State OF New-York Executive Chamber.
= Albany. November o 1870.
srt A Van Wyck. Mayor OF the city OF New
The brief presented by Nr Hayes of counselto The
World, undated but received in this Office on No
cation where additional testimony can BE- obtained
Was on October 4, when the AttorneyCieneral wrote
M M iS.teI 10 ne Inere Is therefore as stated BY
little to add what was contained in his letter OF
October October and in the statement issued by me on
~, concur concur in The Attorney7Generars opinion. My
Judgment Is that the sO-caIled Ice Trust Is not a
corporation in which the Mayor OF New-York
should nave stock But 10 proof has been offered
Mayor such wouIH justify the drastic measure OF
from okc ii af Ig1m once c Inc PowfT o. removal
much treat the power OF impeachment II is
normal remedy for bad government must Sc aS l
appeal to the people and only in wholly exceptional
the people appeal to the power Of removal or the
missed N''
THE GOVERNORS STATEMENT.
Governor Roosevelt. after giving out the above
document said:
There has not been hours unnecessary delay
on on the part OF the State authoritie Fl:yhve days
us charges. until July =. when its amended COM
two days elapsed from August i. when these
charges were served upon the Mayor. until Septen-
since then has been solely due 20 the fact that
which II forr,srI '@ , Ils uls ne counsel
Witn WI the case leaving II completely in the air for
Ait,hogsh the matter Of the trusts not directly
iheoivgd IN 'I.lS decision wish To point out that
the eAistng law OF the State, even provided that
under 1t the Attorney Generals action against the
ice corporation should be successful IS NOT ade-
Iatara " ny Ia1 .,tIhusl @ nssstse 70 the Legis-
ubir6 1,aId IeCPl1ITneed tns ADOPTION OF system
right to know and reaso1ata Tes+rico ' hts +bt
powers. Events have shown. especially in view OF
what mas occurred in connection with The Ice Trust
mended should be taken. Not only should such pro-
b ,laii 'lora % 'l2tS as ABOVE mentioned
somewhere the power TO prescribe the conditions
do business in this State and 10 deprive them of
ditions.
THE ATTORNEY REPORT.
NFoN itoL INOoStNctL dtSO maze pubic the fOls
lowing report of the Attorney General:
20 the Honorable the Governor
Sir; have the honor TO say that. pursuant 70
toners in the mater of m DpIiSs, ,io 3E ,hz PEI
from offIce H. Vavoy ~ ion i~t 20 remove @
unable 10 ind anything in thest briefs which leads
former cormunicato under date o} October n ny /
In that connection suggested q You that before
you should require the pett oners 70 place you in
undsputed wo,.1 justify the removal ~ the NIavor
Al the outset Of their brief counsel that it
me ns-f,for Referring n tbe f,c1t S-5;, s+TE -,
mirJed by the answer and those which remain to
be proven in support of any OF the charges to-
gether with stetement of the proof which peti-
same" In spite Of this statement. have searched
the proofs which the petitioners could or would
So lar this noinJ is concerned. there is abso-
nv former cormun1cation 70 you
do not intend 70 discuss the legal questions ir-
ieve that an Official wh3 is the owner of stock in a
terested within he meaning of Section I5S2 OF the
charter; but If MS ownership Of the stock was sc-
such transactions were without his knowledge, then
he Is guilty OF no moral on-rce as SU1lty knowl-
pressed in his opinion appended 70 The brief OF
counsel The concluding sentence Of The opinion
OF an official Is follows. 1T follows therefore
that the city officer VINO acquires ne stock OF a
corporation. knowing that such corporation has
such contracts with the city. commits the act
prohibited by statute. and Is guilty OF a misde-
rneauOr.''
You have also submitted 70 rue a telegram under
date Of November II in which y = suggested by
counsel fOr the petitioner that the Appellate Di-
ice company y Illegal combination, and in this
connection they call attention 20 certain remarks
which entirely dicta. in Of the opinions de-
livered that CaSe-an opinion which nOt
concurred in by any Of the other members OF the
court I AZ loss 70 understand how this
ten-i0n can seriously be de Il Is 70 be reuer1-
hered thar the Acknowledgement has not vet com
menced an action against the company, and il fol-
lows OF course that no peadngs have YET been
drawn no evidence has 1een addLCed and the
contracts hOh II Is alleged create tend 20 ere
ate monopoly have never been presented 10 the
stfruted by Attorney General pursuant o ha
provisions of Sector / Chapter $50 Laws OF TSss.
for the purpose Of examining witnesses and pro-
curing evidence. preliminary 20 the bringing Of
action 20 test the question whether not the ice
company was an unlawful combination. The cues
stitutionaiity and validity OF the statutory pro-
visions 10 this preliminary proceeding Under
these circumstances It must be apparent. even
the Law mind n has Vet decided that
have been in violation Of the law Very respect-
fully yours JOHN c. DAVIES.
Acknowledgement
THREE CHARGES AGAINST VAN WICK.
Mr. Hayes OF counsel for The World in hts
brief referred TO by the Attorney General. says
three charges were preferred against the Mayor.
First that while, as chief magistrate OF the