New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-06-05
COLER HOLDS VI ICE BILLS.
SAYS HE WILL INVESTIGATE VALIDITY OF
TRUST CONTRACTS WITH CITY.

The aid Of Controller Coler in the fight against
the monopoly was invoked yesterday by me jour,
nal" which made formal request 10 MIN 10 oanCei
all existing contracts between the city anu tiie
American Ice Company on the ground that Mayor
Van Wyck and Dock Commissioner |haiies I.
Murphy were stockholders in the ice coiiipanS
when the contracts were made ana are sun ii
c,sIly interested in those contracts Inc char'er
apparently gives the Controller 'iiis p "
ton No. 1883 says:
No member of the Municipal Assembly, ne ee %
the department chief OF the bureau % b
ebau ~ be or become directly or indirectly Interest
Cd IN or "a 'e the sale of any article the expense
price or consideration OF which Is payape - ~, on
ey or oanance of the Municipal Assembly, nor in
the purchase lease OF any real eea corporation
or Which shall sold for taxes or assessments ID
BY virtue of legal process at the suit OF the saa
any in this section o me aIeeted or Th ap
pointed knowingly acquire an interest In any con-
tract OF W9 Ssre %'h unless the same shall de-
yoved u2o9 him 5s o 0E s9 And ne be nnshed for mis-
All such contracts in which any such person E is or
becomes Interested shall, at the option OF the con-
troller. be forfeited and void.
Mr.. coler said that he had known of this pro-
vision Of the charter all along. but did not desire
to assume responsibility long as the Governor
and the courts were occupied with the same SUD-
.eet but now that the matter had been formally
laid before him he would not shirk IT, put "oud
at once give II his careful consideration Accord-
tneiy he held e. consultation with his personal
counsel ex-Judge John F. Dillon. not being Will
ing apparently trust himself in so grave Crisis
10 the massive brain of Corporation Counsel
whalen. and Mr. Dillon advised him TO proceed only
with the greatest caution, since the cancellation Oh
the pier leases II not sustained by the courts
might involve the city in heavy suits for damages
and might also involve Mr. Coler personally, or ME
bondsmen, in great financial loss.
The Controller therefore decided that all he couid
do Immediately was TO stop payment of all bills
presented fer payment to the city by the Ice Trust
and offer TO examine all the evidence that could be
presented to him regarding the ilegality OF the
The Ice Trust supplies ice to the city 70
the extent of about 10000 year. It's hlils nave
been paid monthly The Controller estimates 'nat t
about 5000 is due on these bills IL VIII h no.
be paid until the courts give judgment against 'ie
city in favor of the Ice Trust. -,
troller of the responsibility of deciding on the le-
gality ilegality of the contracts me eourc
have more power TO summon witnesses ana eoIhhpeI
them to testify than the controller mas ana in,is
decision would be more satisfactory Ior
said yesterday: ro.
The extent of my powers under section i1ss
have never been clearly defined, and the worqlnS
TO say the least is peculiar. | am empowered 70
forfeit certain contracts at my option, but l
greatly doubt If the courts would sustain me shQ4o
i set aside these contracts mere .informatlon
and belief which is the only kind of evidence L
NV view Of il is that before I cancel them
must have ample, indisputa BILE and also Iegat
evidence of their illegally. This have not re-
ceived yet. but am perfectly willing to examine
f. If it is brought 10 me '.o,1 -,
on CorDorarion Counsel %e for advice in this
dilemma. His action in holding up Ice trust pnls
will Of course not affect the pier leases IN any
Ex-Judge Dillon was seen in his, office in the
believed a strict interpretation of the law would
or would not hold that a stockhoder in a corpora-
ton is Interested in every contract MADE by that
corDoration.