The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-11-25
mitchell AND BURR
BLAME EACH OTHER
ON nth Az. TRACKS
Law Aid Says He Was Ousted
for Zeal in Prosecution Of
N. Y. Central.
MAYOR FROM SICK BED
A K ANGRY DENIAL

Mayor Mitchell became 20 wratiful
yesterday afternoon when word VA
carried to him at Roosevelt Hospital
thax Assistant Corporation Counsel W.T.
lam p. Butt had interpreted testinnony
given before the Thompson aeetslakive
committee to mea THAI the Mayor had
requested AFR. Burrs resignation hast
year because Of his activity agaanse The
New York Central Railroad IN ths
matter OF freight tracks On Eleventh
avenue. that the hospital authorities de-
ciined to let reporters - him Inc
Mayor wanted to deny Mr.. Bur's In.
fsrences after his own manner but those
who were watching y his ~convalss-
cence ruled otherwise.
Tho statement wdhch sNve Mr.. Burr
hfs opportunity to question the Mayors
sincerity In desiring the removal Of the
MSvUnth avenue tracks was made BY
Frank L. Polk, Counsellor TO tho state
Ds1rement, who had COME On from
Washington 10 explain the part ne took
~ Corporation Counsel In the sale of
1fS shares Of the stock Of the Amsterdam
Electric light. Heat and Power Com.
pany DO tho Edsoon Eleotric ILLUMINATING
Company Of Brooklyn.
Mr.. Burr wa removed - Assistant
Corporation Counsel on July 1. 1914. he
having had special charge Of the city's
caRe against he Amsterdam company
70 recapture q franchise and also ue the
ElSventh ven ~
Stock Purchase Approved.
Shortly after hds resignation was &C.
oepted tho Public Service Commission
approved the purchase Of the Amsterdam
company's stock by the Edison com-
pany, although the case in which Mr..
Burr had been acting was still pending
In h courts. The fact that the Public
Service Commission took his action
while Mr.. Burr was out of ofice-he re-
turned In September. 1914-was taken
by the Thompson committee "a indicat-
ing that his absence gave the oppor-
tundty TO put through the stock pur-
chase.
Then along came former Commits
ss0ner Maltbie n testified that Mr..
Polk had approved the purchase OF
stock from the Amsterdam company
during the absence of Mr.. Burr from
offfce. Counsellor Polk asked for the
Chance to appear before the Thompson
committee to deny the testimony Of Mr..
Naitbie.
When asked why the Mayor had re-
Quested the resignation Of Mr.. Burr.
Counsellor Polk said the matter involved
the New York Central Railroads
tracks IN Eleventh avenue and that the
Mayor was dissatisfied with the way Mr..
Burr was conducting the case. Mr.. Burr
sn-aa onDrV uvhnn ha HAM d that
Learns why He Was Ousted.
Il did not know until I heard Mr..
Forks testimony here to-day" he SAID
on taking the stand, 'what was the rea-
ron for asking my resignation. It now
appears that. there being no objection
70 me officially or to my character. my
activities In the matter OF the New York
Central Railroad were the reason for the
Mayor advising the Corporation Counsel
- to the desirability OF making n
ehange. i refer to the Eleventh ave-
nue. track litigation. Now I consider
that litigation one Of the best things I
aver did since I was admitted to the
bar in 1879. l always felt that I would
wear Mayor Mitchels dismissal as a
badge Of honor. and now I am certain of
this, having heard Mr.. Folks reason for
my dismissal"
Counsellor Polk hurried to the hos
pital with this statement. and when the
reporters got there the Mayor was very
much excited. he having always prided
himself on his efforts to Dust the rail-
road from Eleventh avenue. He was
willing to tell the reporters all about
il. but the nurse forbade 1t. and finally
Mr. Polk was delegated to make a state
ment for him.
'The Mayor wishes me to say" said
Mr.. Polk. that the reason for request
ing Mr.. Burr's resignation was exactly
the reverse Of what he assumes 1t to
have been. Mr.. Burr was let go be-
cause he was not active enough In the
cast against the railroad.
when i took office the Mayor told
me that my office must get those tracks
out of Eleventh avenue. n I informed
MT. Burr of that order. We were not
satisfied with what he did and he was
let 20.
Was Considered Ineffective.
II tried this morning to spare his
feelings. but / must say nov that in
De Corporation Counsel's office Mr..
Burr was considered ineffective. The
Mayor was SO informed and he insisted
on a new man for that Job.
IA to Mr.. Burrs coming to see me
when was Ill, that is false. I have
no recollection of II. He says he was
asked to resign Ave days after that.
AS a matter of fact. he was notified a
month in advance that his resignation
was desired"
The Burr episode somewhat over
Swallowed the testimony hat Mr.. Polk
came on from Washington to give.
which was a denial that he had told
Commissioned Maltbie that he approved
OF the sale of the Amsterdam company's
stock to the Edison company. This pro-
yoked a discussion as to whether or not
the sale constituted a merger. which
Mr.. Polk denied. and finally resulted in
bringing up the letter written to Com
missioner Maltbie by William +. Shee-
han, in which a reference to "a part
ing of tho ways occurred. Senator
Thompson intimated that Mr., Maltbie
was being threatened with political ex-
t~inction and that this perhaps explained
why he voted for the order which Mr..
Sheehan, as counsel for the Edison coln-
pany, so much desired. This aroused
MI. Polk.
Polk Defends Maltbie.
II think Mr.. Maltbie Is one of the con-
s%picuously honest public servants In this
State. he declared hotly. your ac-
lions are absolutely disgraceful In all
these things. You draw conclusions as
49,, Ala In -, cuoa 7 hava mn aruoo