The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-07
HAL BELL SUES THE MAYOR.
WANTS 100000 - MAYOR SAYS
THE INCIDENT IS CLOSED.
Other Removed Civil Service Men May Sue
and May Not-Commissloner Schmitt
WOn't--McCoOey Says John Murphy
Tried TO Get Him From McCarFen.

NOn't-MCCoOey Says john Murphy
Tried TO Get Him From McCarren.
The resentment of the Municipal Civil
Service Commissioners over their sum
mary removal from Office by Mayor Nc
Clelan is taking the material form of law
suits. Hal Bell, who headed Off the
MAYORS drastic action by a resignation
hut did not thereby escape caustic letter
from his Honor, began one yesterday.
One hundred thousand dollars Ia all that
Mr.. Bell wants. Through his lawyer,
Nanny Friend he asks for that amount,
and the summons in the case was served
on the Mayor in his Office in the afternoon.
Tho Mayor has twenty days in which to
answer. When asked about the suit later
in he day he said that he had received the
summons and that that was all there was
TO say about it. Asked II there was any
thing further to say regarding the removal
Of the commissioners, he replied:
absolutely nothing. The incident is
closed
At Lawyer Friends off ce yesterday after
noon it was explained that the suit against
the Mayor was for SANDER. 1t was based
on this sentence in the Mayors letter to
Mr.. Bell made public on Wednesday:
AT the time 1.-THE time when Mr.. Bell
handed in his resignation before the re-
moval of the Civil Service Commissioners
was decided uponl did not suppose that
the matter would assume the serious as
poet that it has, otherwise | would have
refrained from acting upon your resignation
a, that time, so that each commissioner
would have been accorded the same treat
ment'
This sentence, il was said at MIR. Friends
Office Yesterday. Mr.. Bell regards as carry
ing the inference that he has done some
thing wrong and Ia calculated to niure his
reputation.
Mr.. T'ell vas quoted as saving that he
understood that all the other dismissed
commissioners We're going 70 begin suits
against the Mayor similar to his own. II
is known that Jerome siegel is con-
templating such action and has referred
the matter to his lawyers, although no
definite proceedings have heen taken Ex-
Commissioner Joseph +. Day il at Hot
Springs, Va, and is in i'll health. Ex-Com-
missioner Flu gene +. o I onnor Is at Saratoga
Springs. Neither has been heard from g.
EX-Commissioner Crowninsheld, who il
IL here in New York. has not expressed
hirrself on the subject. Commissioner
John II. McCooey, the former president of
the board, said last night
ION or about Aug. % last John Murphy,
me and told me had better transfer my
support Of McCarren in the primaries to
Murphy. He said that his brother was
very much in earnest in the matter and
that he had the Mayor back of him. When
/ said did not know what the Mayor could
do in the matter, he said that he would
remove the entire board Of commissioners
If it was necessary to get me out. do not
know vi a. any of the other former
commissioners are going to do about be-
have not as yet decided"
Ex-Park Commissioner William p.
Schmitt said last night that the rumor that
he was going to begin suit against the
Mayor was absolutely untrue. He said:
Il am entirely content to rest upon my
record and let the people decide between
the Mayor and me-"
Elliot H. Goodwin, secretary OF the
Civil Service Reform Association, said
yesterday afternoon
we have no charges against any city
department. We have no charges OF any
kind sufficiently serious to submit to the
Mayor. There are cases constantly COM
ing up for investigation. and we refer them
to the Municipal Civil Service Commission.
There are several OF such cases before the
commission now"
When asked about the statement that the
action of Commissioner Schmitt in keeping
the names OF laborers on the payrolls when
they were not employed was in accordance
with the practice OF the last administration,
based upon an opinion by Corporation
Counsel Rives, Mr.. Goodwin said:
THE complaint was. not OF the practice
Of keeping employees names on the pay
roll 1t was Of the failure to report those
names to the Municipal Civil Service Com
mission, as the law requires. The names OF
hundreds of men drawing no pay appeared
on the payrolle week after week without
being listed as in line for work when work
came, with the result that other persons
were put to work in their places"
The first act Of the new Municipal Civil
Service Commission was to rcappoint
Henri, ,Berlineer az secretary of the board.
This was very natural thing to do.
said Mr.. Goodwin. ut will be for the new
commission to discover wherever he may
have been responsible for or implicated
In past delinUnencies and to determine
his fitness for the office"
Bird s. Coier was at the Civil Service
Commission offices at 81 Elm street until
late yesterday afternoon.
"We will rot permit any violations of the
civil service laws IL we can help it, said
he. Il have had a good deal Of experience
in civil eervice matters and think I can
strict enforcement of the law"
.tdherents Of former Park Commissioner
Schmitt in The Bronx are planning a mass
meeting to protest against his removal.
The Twen.y-third Ward Property Owners
Association at it's meeting ut the Board Of
Trade building, 10th street and Third
avenue, tonight. will consider resolutions
which have been prepared indorsing
Schmi't.