The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-09-18
CURRAN SUES CAYN0R;;
ASKS 100000 FOR LIBEL
Alderman Charges Mayor With
Intent to Injur" Him
in Letter.

Papers in the libel action which Alder
man n enry n. Curran. chairman Of the
Aldermanic committee which is invest
eating the Police Department said last
week he would bring against Mayor
Gaynor we're served on tho Mayor ye ster-
day.
Alderman Curran asks for 500. .ooo
damage The pa pers wore served on the
Mayor in his Office at the City Hall Just
after he returned from lunch. They also
we're filed in the County Clerk Office.
In his complaint Mr.. Curran. through
his attorney. Samuel !. Rosensohn. states
that the Mayor is well known through
ont the city and state Of New York and
throughout the United States and else
where and adds: "and on account Of his
position as Mayor Of the saidcity as well
as on account Of his position. prior to his
| election as Mayor. rs Justice Of the
Supreme Court of the State Of New ! orh
and an Associate Justice of the Appellate
Division Of the Supreme Court of the
State Of New York for the Second 10
pa tment. his utterance commanded the
| res pee, and attracted the attention of the
public throughout tho United States and
elsew here"
The complaint quotes the ordinances
| relating 10 the licensing Of news stands
and then reads that in the performance
| OF his duties as they are imposed upon
him 10y the ordinances the plaintiff did
| his utmost TO prevent any person from
getting any money from the applicants
for licenses for maintaining and operating
news stands shoe shining stands and the
| like and never received any money from
anybody in connection with the perform
ancc of the above duties. as the defendant
we'll knew"
! On or about September Q. the com 4
plant continues. for the purpose of
! diveriing the inquiry into the conduct
of the Police department" by the Alder
| manic committees, "and for the purpose of
! intimidHting the plaintiff as such chair
| man, made, composed and published con .
corning the plain, 1T false and dcfamatory
matter.
There follows y copy of the Mayor &
letter 10 Mr.. Curran, published NJ the
| time ~ which the Mayor said that he
could no, ally himself with Mr.. Curran
| in any effort to discover wrongdoiug
in tho Police Department. The Mayor
| told OF the money paid for news stand
, licenses and continued:
| The method by vi hich this Is done is that
| the Alderman, in place of dealing with the
| license" personally and handing the certl-
| ticate over to him personally, as the law and
| official duty require. refers such license to
a go-hctwren. who holds IL and refuses to
deliver it 10 the icensec until he is paid for it,
| have no doubt that the Aldermen who
do this share in the eStortion money
! Evidence has accumulated here that You
+ pursue this system. ] do not see how ]
can expect the police to he honest when
| they see on every hand that even the Alder
men of the city are taking graft personally
or are enabling corrupt go-betweens TO
| do So
| Icannot ally myself with YOU in any effort
] TO investigate the conduct of any oh1cial
or any department Of tho city government
| Ny attention has also been called to the
| feet that you have of late several times
publis he'd statements with regard 10 vour
visits 10 this offlcc which ARE very far from
being truthful That is another reason why
do not wish 10 have any relation with YOU.
In his compla int Mr.. C'irran says that
1.-THE Mayor "hy said defamatory state
ment meant and intended TO mean that
the plaintiff in the performance OF his
said duties AZ member of the Board OF
Aldermen was Eraner ana caused
money 40 be illegally obtained and eN-
torted from the applicants for. news
stands as a consideration for his indorsing
his consent upon such application and
TO his Consenting to the grant OF such
license, and that he shared in said eA-
tortion money
The complaint also states that the
Mayor has "publishe false statements
roga ardng Mr.. Curran's visits to his office'
and to ne effect that Mr.. Curran and other
memters of the committee did not in
tend to perform their duty IA such com
mittee and make an honest and non
parts invest igation into the Police
Department. The statements com,
planned of. Mr.. Curran says, were and
ara false and were known by ths defend
ant to be false when he made them
and were mado by him maliciously and
with intent to niurc the plaintiff"