New-York tribune., 1910-09-21
Acting Mayor. by Gaynor's Re-
guest, Will Not Remove
Commissioner.
TO AWAIT MAYORS RETURN
Whole Police Question Will Be
Settled When Executive Re
turns to City Hall in
a Few Days.

!
Mayor Gaynor that he would let the sit
uation stand as it was until the Mayor
returned to his desk in the City Hall
AT the same time Mr. Mitchell made
the attitude of himself and the MaN"c
clear in replying as he did to this ques-
ton: Was Mayor Gaynor's attitude
that he did not support you in your
views or merely that he wished to take
it up himself personally?'
That he wished to take the matter
up" was Mr.. Mitchel's reply. Il think
Mayor Gaynors views and mine with
respect to the fitness of the Police Com
missioner are identical"
| For himself the acting Mayor admitted
| frankly that he had recommended to the
Mayor that Commissioner Baker be re-
moved Immediately.
| District Attorney Whitman began his
grand jury investigation Of the double
evil of gambling and vice yesterday
morning with Mr.. Mitchell the chief
witness Mr.. Whitman made ii clear that
the grand jury, as well as finding fndict
ments against the keepers of either
gambling or disorderly houses, could in
dict police officials of whatever degree
who might be found guilty of conniving
at or protecting the lawbreaking of
either
Mr. Mitchell had a conference with
Mayor Gaynor at St James on Monday
night, in which he went over the entire
history of the last few weeks as related
to the gambling and vice situation and
the police activity or lack of activity in
regard to it. and though the acting
Mayor said before leaving for st. James
that he would make public Commits
sioner Bakers letter to him upon his re-
turn, he announced yesterday that moth
ing would be said or done in the matter
until Mayor Gaynor returned to duty.
He issued a brief statement in which
he set forth that after going over the
entire police situation with the Mayor
and showing him Commissioner Bakers
letter of the 17tb Mayor Gaynor had
requested him not to make the letter
public, and also to leave the entire po-
lice matter in allegiance until the Mayor
himself returned which he promised
would be within a few days
Forecasts Gaynor's Quick Return.
Until Mr. Mitchell issued his statement
it had been supposed that Mayor Gay
nor would not return to the City Hall
until October s, but the acting Mayor
intimated that he would be surprised II
Mayor Gaynor did not return before that
date In fact, he seemed to expect him |
inside of few days.
There is no question of Mr.. Mitchel's |
power under the charter to proceed as
acting Mayor to remove any appointive |
officer The charter provides that an
acting Mayor has such power after he
has occupied the Mayors chair for |
thirty days during the disa bility or alb |
sence of that official, and Mayor Gay
nors trip around Manhattan on police |
boat when he left the hospital in Ho- |
boken. is not considered as a temporary !
return TO the city. Mr.. Mitchell was
asked about this point last night, and |
though he said the question was purely |
academic, because he had repeatedly |
said he would not avail himself of such a |
privilege, he said that he and Mayor |
Gaynor agreed that the acting Mayor |
now had all the privileges of the actual |
chief magistrate.
Mr.. Mitchell was asked whether he had |
recommended to Mayor Gaynor that |
Commissioner Baker should be removed |
from office.
Yes" he answered, and added in re- |
sponse to another question that he had |
placed his reasons for such a recon- |
mendation before the Mayor.
You consider Mr.. Bakers letter to |
you of September II insubordinate
Yes, l should say so.''
The acting Mayor would not commit
himself further than that on Mr.. Bakers
letter. but he said that in his talk with
Mayor Gaynor he had gone over the en-
tire police situation, beginning at Coney
Island, and down to the present time"
Feels Bound by Mayors Request.
The acting Mayor left no room for
doubt that he had expected to make
Commissioner Bakers letter public yes
terday. and coincident with II Mr..
Bakers resignation or removal. but he
felt himself absolutely bound by Mayor
: |
approved of his course as to the Coney
Island situation.
One more question as to the contents
of Mr. Bakers letter brought out this
decided answer from Mr.. Mitchell: II
said l would not discuss that letter now
That is in Difference to Mayor Gaynor. l
should be very glad to go into the whole
question with you from A to Z, except
for his request. / should have been
glad TO have acted to-day except for his
request"
From previous answers made by Mr.
Mitchell it was evident that the action
which he had in mind was the sudden
removal OF Mr.. Baker.
The acting Mayor evidently chat
ing under the delay self-imposed by his
promise to Mayor Gaynor, but he seemed
to have no doubt as to the ultimate out
come of the affair. as soon as Mayor
Gaynor returned TO the City Hail. and
he appeared to be fairly certain that the
final result would be full justification
of his own openly avowed disapproval
of Police Commissioner Baker
Mr. Mitchell said that the same condi-
ton OF affairs. the same waiting on the