The sun. [volume] (New York [N.Y.]) 1833-1916, 1913-06-26
COHALAN CASE
IN LEGISLATURE
Continued from First Page.

that the Justice returned MS snare
Of the profits after being threatened
that he required that books and papers
OF the company which might be used as
evidence against him he destroyed; that
later he took a note from Connolly for
50 900. promising to get Connolly
political job; that he gave back the note.
after being threatened once more with
a suit. and that his reply to the charges
was a statement untrue and mislead-
ing
The new charge that Justice Cohalan
had a hand in the destruction OF the
Victor Heating Companys records in
order to cover himself created sensa-
ton here.
senate scts Prom ptly.
The Senate acted promptly after re-
ceiving the message and charges. Lieut.
Gov. Glynn appointed a committee. and
a resolution offered by Senator Wagner,
providing that the special investigating
committee shall formulate rules OF prac-
tice and procedure In the matter OF the
proceedings. in pursuance OF Article ii.
of Section VI. of the Constit alton, for
the removal Of Daniel +. Cohalan from
the Office Of Justice OF the Supreme Court.
with stdteIucHl VI tIV So"cV "''NbN'
for such removal. and report the same
to the Senate and Assembly with all
convenient speed" was adopted.
The Assembly balked at the resolution
in the form adopted by the Senate. As
semblyman Levy Of New York argued
that it should be amended so that It
wouldn't look as though Justice CohaIan
was to he removed offhand. as 1t were.
lrv$t. ..R N,,t thoRnfArn
and the Senate agreed to the change
| The Legislature was surprised At the
rapid action by the Bar Association. A
report wasn't looked for so soon.
Asked COhalan 10 Appear.
After detailing the steps leading up
to its formal investigation, which in
cluded request from Gov. Sulzer to
make report. the grievance committee
! sets out that it invited Justice Cohalan
to appear and received a letter saying
that the affairs Of a Justice of the Su-
preme Court were not within the Bar
Associations Jurisdiction. Then the CON-
mittee wrote again to the Justice. in
forming him that the investigation was
10 he made, that he could appear with or
! without counsel, as he pleased. and. de-
failing the charges against him.
| Justice Cohalan replied. saying he
would not appear or be represented. and
that he considered any recomme nda tons
or conclusions from the committee to the
Governor would be manifestly improper
and would prejudice the merits Of the
controversy. Justice Cohalan again in =
sisted 'this was on June ~ that the
Legislature was the sole body that had
authority to act in his case.
| Proceeded to Investisate.
on June is. however, the grievance
committee proceeded with its investiga =
tion without Cohalans presence. All
save two members OF the committee
| Nathan Ottinger. who was excused be
cause he had been a candidate for the
supreme Court against Cohalan. and
Gherardi Davis. who was out OF the city
took part In the report and were unani.
nous in supporting the Connolly charges
In its first few findings there are
forty-two in alD the grievance commit =
tee reviews the early history OF Con-
nolly's Victor Heating Company and
SAYS that when Connolly became SUI
preme in the company he and Cohalss,
were intimate friends
Said Daniel F. Cohalan." saws the
report. had been active In the Demo-
cratic party and in the organization
known as Tammany Hall In the city Of
New York for long time prior to
November. 1908, and at that time he
was known as person who had in
f1uence over members of that organiza- =
ton and over such of them as might
hold public office in said city"
Agreed to Usc influence.
Then the report calls attention to the
fact that Tammany won the city offices
in November. 1903. and that Connolly
about that time went to Cohalan to ger
his influence for the purpose of securing
orders for the Victor Heating Company
from he newly elected officials.
The committee finds that Cohala n
agreed to use his influence for one
half Of the Victor Heating Company's
stock: that the proposition was refused
and that Cohalan consented to use his
influence for 55 per cent of the net
profits from city contracts The COM
pany hadn't had city work before that
agreement, but the grievance committee
found that 1t got a good deal of work
afterward from the Water Department
and from the Borough President The
work secured is mentioned in detail,
and the names Of companies dismissed
to make way for the Victor are given.
1t was found as Connolly said, tha,
the company received payments from
the city aggregating $4s.s64Sl and that
Connolly prepared for Cohalan early In
1906 statement showing what CO.
halans share was on the basis OF 55
per cent, OF the net profits The com
mittee traces and mentions various pay
ments made by Connolly to Cohalan.
snit Against Cohalan.
The report then takes up Connolly's
demand on Cohalan for the return OF
the money, s3S4055 Cohalan refused
to repay and Alfred r. Cruikshank. for
Connolly. brought suit in the Supreme
Court with complaint Containing al
legations as to the circumstances under
which the said moneys were had and
received"
The grievance committee fnds that
Cohalan first offered 81 900 and then
$1,000 in settlement. Connolly refused
Cohalan, the report says, finally agreed
10 return and did return the entire sun,
on May 27,. 1909" Then in the repor,
come these new and previously unpub-
lished charges against Cohalan:
said Cohalan. prior to his agreemen,
Eto nav tho id sim, 80 q OAn