New-York tribune., 1913-07-25
Answer of B. F. HardeSty Re-
veaIs Congressman as Head
of Firm Handling Postal
Matter in This City.
$4,000 PAPER NOT MET
Indorsed by Metz When They
Bought N. Y. Mail Co., Hard
esty Says Ex- Controller
Forced Him Out and AS
sumed All Liabilities.

1 ullCu AL Ald OAitiCS'
Congressman Herman y. Metz. who
was elected last fall and sworn in on
March 4, owns the controlling interest
| IN the New York Mail Company, which
has contract to carry the mail in this
| city belo 4Jth street. This became
! known when answer was filed in the
Supreme Court yesterday to a suit
| brought by Metz against Benjamin F.
! Hardesty, a former president OF the
! company.
| Section 3,139 OF the Revised Statutes
/ OF the United States makes II mis-
! demeanor for member Of Congress 10
make. directly or indirectly. contract
with the United States. and provides
| that such a contract shall be void.
fine Of $1,000 may be tha punishment
| for such an act.
Mctzs suit is to recover $4,000 on a
note which he indorsed tor Hardcsty
which. he says. Hardesty failed 10 meet
| after IL was discounted by the Metro
( politan Bank Hardesty declares in his
/ answer that the Congressman acquired
] fun control OF the company after fore
! ing him ont. and intimatcS that the ac-
ton Of Metz will he called TO the atten-
ton OF Congress. Nets lawyers are
O'Gorman. Battle e Vandivcr, Of which
| firm Senator O'Gorman is the senior
member.
How Metz Get in the Firm.
| The New York Mail Company made
/ its contract with the government In
! February. 1900. according 10 the an.
swer filed by its ex-presidcnt The
contract was to run four years from
July. 1909. and the American Surety
Company went on the company's bond.
Later. it is alleged, Metz guaranteed
the surety company against loss.
In July. 1912. the ~nswer continues,
the Atlantic Express Company ac-
ouircd the capital stock OF the New
York Mail Company. and Hardesty vas
elected president September ~
He maintained in his answer that At
that time the company was operating
at loss Of 5000 monthly and was in
solvent
Finally. Hardesty s2ys. the stockhoii-
crs announced that they would Gay
no further .osses and notified the
America Surety Company that tEe
| New York Mail Company could not
carry out it's contract Hardesty t"1
etz that controlling interest I'm the
mail company could be purchased fcr
S97 900. his answer stated, and In De-
ccmber. 1912. Metz agreed with him 10
buy II. Hardesty SAYS he gave his nole
for $1,000 in part payment. the r"-
naming $4,000 TO be raised on the
note which ':ctz indorsed and which
forms the basis Of the suit.
The natl company's stock. Of $231 .pO
par value. was delivered 10 Metz's at-
torney. Hardesty alleges. and on Feb
ruary 10 e.. indorsed over 10 Metz all
the stock II IL now owned by Metz.
the answer declares.
On April Is. Hardesty alleges. Metz
threatened to throw him and the com
pany into bankruptcy unless he "a
ed from the presidency and manage
ment When he consented to do so,
Hardesty declares. Metz said he would
accept all liabilities OF the company.
Wants Accounting by Metz.
While admitting that Metz indorsed
the $4,000 note. Hardesty asks the
court TO dismiss the complaint and 10
order Metz 10 make an accounting He
declares that ne was ousted through
the unjust dealings of the plaintiff
Metz admitted yesterday at his Office.
No. l22 Hudson street. that he was In
tercsted I'm the mail company, and was
highly incensed when informed OF the
nature OF Hardesty's answer to his suit.
He promised that these fellows would
be sorry before he got through with
them"
Metz said the contract had been eX-
tended TO September at the request
OF the postofIice authorities, who knew
OF his election TO Congress and Of his
interest in the mail concern. Metz
represents the 10th District, Kings
County, which was formerly the dis
trict OF Secretary Redfeld. OF the De-
partment OF Commerce. He preceded