New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-04-29
DELANY SUES CUTTING.
Alleges Defamation IN c. U. Crit
cisms of Mcclellan administration.

i Cornoraton Counsel Delany has sued r. Fulton
Cutting president of the Citizens Union. for $500
damages for defamation of character, alleging that
Mr. cutting caused to be published in the news
papers certain resolutions of the Citizens Union re-
hecting on him a public official Mr.. Delany
yesterday refused to discuss the suit.
On the night Of April 10 the Citizens Union adopt
ed an address to the public. Under the head OF
"Commercalism in Politics." this said:
More serious than individual cases of inefTlciency
and dishonesty is the temperance of commercial
ism In politics on larger scale than ever before.
campaign Subscriptions is appointed his CORPORA
ton Counsel, and in many instances his advice and
actions are unduly favorable to franchise holding
corporations.
This is the paragraph on which Mr.. Delany main
ly bases his suit. Mr.. Delany is to be nominated
on the Tammany ticket justice of the Supreme
Court this fall.
In a letter to Mr. Cutting dated April IS. Mr. De.
lany said:
Your failure promptly to respond to my efforts
10 induce YOU 70 repair the grievous wrong you
proceed against you in the courts DESTROYS.
Illumination. but believe that I Shall have Waited
beyond the limit OF patience if L do not receive
definite answer from you tomorrow.
TO this Mr.. Cutting replied:
] was absent from my office yesterday and did
not receive your communication until last night.
| can a only reply to you that am not authorized,
zens Union convention in respect to its address to
tG PuD b ISSUED yea on the evening of April 1S Your
IS the executive committee of the organization at
IT'S meeting TO be held next Monday night for such
actlOn as II may decide TO take. 1t is. of course
Wlthin your power to proceed against in the
to you.
The reply OF the Citizens Union city Committee
to Mr. Delany's letter was as follows:
The paragraphs OF which you complain were
part and parcel of a pubc address, reviewing the
adninistration OF the present city government. Of
Nihch you are a part, which unanimously
ADOPTED by the Citizens Union at its annual con-
Eent!on held on April 12 1905. copy Of the en-
ure address Is sent you herewith. OF course
neither the organization its officers are respon-
slole Tor the form of the report of the address,
printed printed IN the newspapers at which you take
In its complete form you will find nothing in
the ADDRESS lmputtng a charge Of personal profit
70 you Indeed. by reference to the sentence i'm
Inedlately preceding the OF which you COM
pam you VIII see that all reference to individual
excluded. The Citizens Union had no desire nor
can II fairly be said to make the charge that YOU
seem 10 fmpute to it, and lest there be any mis-
publish this letter.
On the other hand. the Citizens Union stands
minis trati0n OF which YOU a part and yields
not one Jot Of its criticism of you as a public
onclal IN its opinion the present city admfnistra-
tlon mas been unduly favorable to franchise hold
ing corporations, and its Corporation Counsel
you cannot escape your share OF the criticism
iended said Mr.. Cutting yesterday. 1T seems to
De based partly on misrepresentation. Some papers
published only extracts from the address issued
py the Union, and two disconnected extracts were
joined together in a way that seemed TO imply a
reflection on Mr.. Delany a public officiaI.f