New-York tribune., 1906-07-15
PUTS ICE UP TO MAYER.
SAYS HE MUST ACT FIRST.
Jerome Tells Aldermen State init
Trust Lao Is Remedy.

District Attorney Jerome yesterday replied
to the resolution OF the Board Of Aldermen re-
Questing him to proceed against the American
Ice Company. He pointed out that under the
law he could not act until the Attorney General
had proved that the ice company had conspired
TO restrain trade. Then he would be glad to
take UP the prosecution.
On July 10 the aldermen requested him TO
begin an investigation of the Ice Trust to obtain
evidence wherewith to prosecute it, The board
had previously called Mr. Jerome to begin
criminal proceedings and it mentioned in the
resolution that the prosecuting officers of other
cities, notably Philadelphia, Washington. ST.
Louis Boston and Toledo, had taken initiatory
action.
With Assistant District Attorney Garvan and
Deputy Assistant Vandiver, Mr.. Jerome started
yesterday afternoon trip through several
Southern states.
His letter TO the aldermen follows, in part
The recital Of this resolution. wherein it states
that / have said in the public press that ! would
take action only when the evidence mas oeen p pre- e
that cannot proceed without evidence. and that
up to the present time no evidence has been pre-
beg 70 assure you that am in hearty sympsthy
made to reduce the price of ice in this city during
that form Of wrongdoing which takes advantage
OF the poor pcopes necessity 10 coslpeI LleIn 10
commodity as ice is IN the summer months
or ant % thing # to cs nd IS b Oi
exemplary punishment upon any person or persons
who by criminal means have sought to compel the
payment of an extortionate price for ice
Accompanying your resolution there is no COM
commission of a criminal offence, nor is there in
the resolution any suggestion as to where IT can can
books of the American Ice Company.
have since, carefully considered what there was
within the limits of my 2owsr thaJ l could 40 I2
meet the present conditions. The only provision OF
the Penal Code of which I am aware thai miEh3
there is provision of the criminal law whereby
in Conspiracy to testify S They nave simply to
decline to answer on the ground that It would tend
to incriminate them, and my compulsory powers
I have no authority to compel the American Ice
Company to produce it's books or disclose it's meth
DDS in any criminal proceeding directed against il
or its officers over which have control as Dstrct
entirely adequate to meet the situation II the pres
part of those controlling the ice business III this
This remedy is found in Chapter $50 of the Laws
OF 1899. known as An act to prevent monopolles III
hibit restraints of trade and commerce providing
act and procedure to enable the Attorney General
| to secure testimony in relation thereto
Of this state and was designed to meet just such
case as the present is taken TO be
Under this act the American Ice Company can
be compelled TO produce its books and papers. and
fer er refeTe 6caMse ths act Contains
provision for immunity TO those testify;ng SUN
such books and papers are produced and such testi
t@mony @ oa % a f fRose psper scose the exene
a criminal conspiracy. the District Attorney car
those actually examined. and those who testify
under the act can be again compelled to testify In
criminal proceedings and cannot claim any prlvt
! lege
This statute however. confers the power OF intia-
tive on the Attorney General alone, and under it
have no power.
! would respectfully suggest that your honorable
body communicate with the Attorney General and
liberty sending
! communication, addressed to you, together with
copy of your resolution, forwarded to me.
! The hardship caused by high price for ice al
| this Of the year is so great that have nc
| doubt the Attorney General woulG proceed al
once under this law if the evidence warrants such
! action Should he determine to do so and be able
| to secure evidence showing the commission Of a
| criminal offence. it will, of course be at once my
| duty to prosecute those whom the evidence tends
| to show guilty, and you may be assured that il
wiIl be duty which shall perform with great
|