New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1908-11-19
ECHO OF FIRE INQUIRY
Com plant Against Commissioners
Who Probed Department.

The summons and complaint in action against
John Purroy Mitchell and Ernest Y. Gallaher. Com
missioners Of Accounts OF New York City we're
filed IN the United States Circuit Court yesterday
b. counsel for James Le Baron Johnson. former
chaplain of the Fire Department The action is
for $4,000 in damages, in which amount Mr.. john
son alleges the commissioners injured him by in
cooperating in their report to the Mayor on the
recent investigation Of the fire Department GER
tain matter relating 10 him
Mr. Johnson employed without remunera-
tion by the Merchants Association. TO assist Gree
ley S Curtis, hydraulic engineer. in investigating
the Fire Department. His work was the prepera-
ton of report the personnel of the depart
ment. He says in the Complaint that the Com
mssoners of Accounts TO the best Of his belief and
Information. knowing of his appointment by the
association and the fun scope and purposes of such
appointment, gave him credentials to act as eS-
aminer in the investigation; that ne actually made
and completed his report and that the Merchants
Association accepted and still retains the same.
The complaint then sets forth that the defend
ants in this action part of their report com
missioners falsely and maliciousy and with intent
to iniure this plaintiff published the following
false and malicious libel concerning the plaintiff
The complaint Incorporates here what purports TO
be verbatim extracts from the report which in eff
feet state that C5riswold, bookkeeper in the bu-
reau of sewers. who had been accustomed TO act
go-between for the division of commissions on
purchases made by the Fire Department had told
Of their inspectors in the presence Of another
empoye OF their once concealed from MN 'e-IiS~
wold) at the time that he could secure the assist
OF friend OF his in selling TO the department
any particular device attachment our inspector
might select
The inspector at this interview said ls was
representative of a hose manufacturing company
The extracts further state that this friend of
Griswod's' later developed TO be Mr. Johnson,
and that the Iatters services were summary dis
continued by the Merchants Association al our
(the commssioners0 direction"
Mr.. Johnson enters in the complaint a complete
denial of ali the implications Of wrongdoing that
he says these extracts imply, and saws that the
commissioners well knew that the recommend t1on
cf any article to the department was beyond the
scope Of the plaintiffs employment He en-
phatcally denies. in the complaint. that the Mer-
chants Association Greeley 5. Curtis has sum-
Farily discontinued plaintiff employment "a such
examiner on being informed Of the findings Of said
commissioners with respect to the plaintiffs alleged
arrangement or agreement above mentioned" and
SAYS that he never had any arrangement or agree
with Griswold the subject Of aiding in
the sale of any appliance to the Fire Department
The complaint forth that the publication OF
the extracts referred to has exposed him to ma
tired contempt, ridicule and oboduy and causes the
plaintiff to be Stunned and avoided by many Of MS
business associates and acquaintance, and injuries
the plaintiff in his business and occupation
In speaking of the action last night. Mr.. Johnson
said that he determined 10 fight 1t TO a hnlsh
and make every ende6vor to have TIE matter re-
ferr1ng TO him expunged from the cornrnissi oners
report He said that he only knew Grlswold casu-
ally ana had never had any business relations with
him He also pointed out that G7iswold had denied
in his testimony at the hearing before the c2mTnis
sioners that he had told inspector of the com
r1issfoners that ne Johnson could be unduiy tnii-
enced 70 recommend any appliance TO the depart
ment.