The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-04-29
The DELANY. CUTTING war.
CHANCES THAT LED TO $3.50, OOO
SITT AGAINST CTS MEAD.

ton of the charge That lie Favored
Corporations ana Got n Reply Ihlt
cts DiSint Mean Anythlng Personal.
Corporation Counsel Delany has taken
exceptions to the statement made In the
recent address 10 the public by the Citizens
Union that the Mayors campaign man
ager, who solicited campaign contribu-
lions II appointed his corporation counsel
and In many instances his advice and action
are unduly favorable TO franchise-holdin
corporations"
Mr.. Delany's exceptions have taken the
form Of "A suit for $3.50, 900 damages against
X. Fulton Cutting president Of the Citi-
yens Union. The address in which the
statement complained Of appeared was
adopted at the city convention Of the Union
held at Cooper Union on the evening OF
April IS. Mr. Delany promptly demanded
retaction. Apparently he did notget IL,
for ON April ~ he wrote this letter to Mr..
Cutting;
Your failure to promptly respond to my
effort to induce you to repair the greyiOus
wrong you have done me leaves no course
open to me but to proceed against you In
the courts
Il have been considerable with you and
your associates beyond your deserts,
seemingly without appreciation. The re-
quest over the telephone yesterday that
should state my grievance in writing and
submit 1t 70 you and your associates, after
l had personally called il to your attention
and to theirs, betrays such an indifference
70 my feelings that l can hardly view 1t
except as an intentional insult.
1T requires no waste OF days for gentle
men 10 make a manly retraction Of such
defamAtory statements as those TO which
take exception.
You either knew or you did not know
at the time you gave currency TO these
statements what warrant you had to make
them. and any irresolution as TO your
action now seems to me more due to concern
for your own position than for my reputa-
ton.
Il am DESTROYS, not Withstanding, OF still
saving you needless humiliation, but believe
that ] shall have waited beyond the limit
Of patience il do not receive definite
answer from you tomorrow"
Mr.. Cutting replied that neither he nor
any other individual was authorized to
speak for the Union with reference TO its
address 70 the public and promised TO lay
Mr.. Delany's complaint before the city
committee which isthe executive commiueo
OF the organization. Mr.. Cuttings letter
wound up with this sentence:
1T Vs. Of course, within your power to
proceed against me in the courts in any
manner that may commend itself to you
Five days later Mr. Delany's letter was
considered by the gitY committee OF he
Union and a reply was drawn up which
was In part as follows:
@Of course, neither the organization
nor It's officers are responsible for the form
OF the report Of the address, as printed
in the newspapers, at which you take
oiense. In its complete form you will
find nothing In the address imputing a
charge OF personal profit 20 you.
Indeed, by reference 10 the sentence
Immediately preceding the one OF which
you complain you will see that all reference
TO individual cases OF ineficieDoy and
dishonesty was intended TO be excluded.
'fhe Citizens Union has no desire, nor
can il fairly 10 be said 70 make the charge
that you seem to impute TO IL, and lest there
by any misunderstanding on that score
you are at liberty TO publish this letter.
"On the Other hand, the Citizens Union
stands squarely upon its ground OF oriti-
cism Of the administration Of which you
are a part. and yields not one tot OF its
criticism Of you as a public official In
its opinion the present city administration
has been unduly favorable to franchise
holding corporations and as its Corpora
ton Counsel you cannot escape your share
Of the criticism
The paragraph complained OF in the
Address contains the following:
Toe Mayor gave tis approval TO the
notorious Remsen East River gas bill
This was followed by the award Of the
contract. involving millions Of dollars,
by the Consolidated Gas Company TO the
Murphy Gsfney company, known as the
New York Contracting and Trucking Com
pany."
The recent legislative investigation into
the lighting situation disclosed that the
trucking company had received con-
siderabiy less than million dollars worth
Of contracts from the gas company, and that
II had been paid about $3.50 600 out Of a total
outlay OF 90 600 900 on the Astoria plant,