New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-11-25
Burr Says He Was Re-
moved for His Death
Avenue" Activities.
MAYOR FROM BED
GIVES HIS SIDE
Ex.Counsel Polk Has Stormy
Session Before Thompson Leg
islative Committee.

Assistant Corporation Counsel William
p. Burr because he was active in push
ing the removal of the New York Cen
trail tracks from Eleventh Avenue. The
charges were made before the Thomp-
son legislative committee by Mr.. Burr
himself who also declared that since
his removal from Office nothing had
been done by the city TO make Death
Avenue" safe.
When Mayor Mitchell heard Of the
charges he at once branded them as
false. When reporters reached Roose-
Welt Hospital they were not allowed to
see him because, his nurse said, he was
so excited over the charges that re-
lapse was feared.
"The true story Is just the reverse
Of what Mr.. Burr testified to- SAID
ex-Corporation Counsel Polk. Burr
was let 20 because he was not active
enough in getting those tracks of
Eleventh Avenue. The first thing the
Mavor told US when | took office was
that we must get those tracks off,
This told Mr. Burr. But ! must say
now that in our Office Mr.. Burr was
considered ineffective. Mayor Mitchell
in,i.ted on a new man, and his resig-
nation was asked
Politics Not Concerned.
Mr.. Polk was testifying before the
committee about the Edison-hmster.
dam light case when the question OF
Mr.. Burr's dismissal came up. He denied
that politics had anything to do with
II. and when pressed by Deputy At
torney General Lewis, counsel to the
committee. he said that it involved
the New York Central Railroad.
"Did Mr. Burr represent the city IN
that case and was the Mayor dissatis-
fed with him." Mr.. Lewis asked
yes" Mr.. Polk answered
Mr.. Burr was sitting almost behind
Mr.. Polk. His face grew red and he
twitehed nervously. He could hardly
wait until he got in the witness chair
to vent his feelings.
.sNow. am glad to know why the
Mayor removed me-" he shouted.
did not know until l had heard MI
Folks testimony here to-day nat was
,bs reason for my leaving the Law Dc
partment- It now appears that there
bsjne no objection TO me officially or
as TO my character or in any other re-
spect, my activity in the matter OF the
New York Central Railroad was the
reason. The Eleventh Avenue htiga-
ton | consider one Of the best things
I ever did since / was admitted to the
bar IN 1879. have always believed
would wear Mayor Mitchel's dismissal
rs badge Of honor, and now l am
certain of it, having heard Mr.. POLK ;
reason for my dismissal"
Mr.. Burr declared he lost his place
sfter he had given an opinion unfavor-
able to the railroad company concern
ing the ownership of four and one
half miles of land under water from
Seventy-second Street to Spuyten
Duyvil. He held that it belonged to
the city.
what did Mayor Mitchell have 20 do
with that part Of the situation? MI.
Lewis asked
"He was president of the Bosrd Of
Aldermen and had the matter in charge
as a member of special committee.
Subsequently he was elected Mayor"
Mr.. Burr replied.
Polk Takes the Stand.
Mr. Polk came from Washington pri-
marily to clear himself OF certain
charges in connection with the approval
by the Public Service Commission of
the sale of the 122 shares of Amster-
dam Light stock 70 the Edison company.
As he went on the witness stand he
noticed Mr.. Burr whispering to Mr..
Lewis.
"Why don't you become associate
counsel TO the committee? he shouted
heatedly at Mr. Burr.
81 simply asked Mr.. Lewis CUES
ton" said Mr.. Burr. 81 want you to
understand that am here at great
personal inconvenience"
$50 am l." snapped Mr.. Polk.
Soon Mr.. Polk broke forth again, this
time to tell Senator Thompson, chair
man of the committee, just what he
thought about him. This happened
when the Senator referred 70 letter
which ex-Lieutensnt Governor Sheehan
had sent to COMMISSIONER hdilpIt
threatening TO take the approval Of the
sale of the 122 shares of Amsterdam
Light stock into court if the commits
sion did not grant the order for its
purchase.
Getting back to the real purpose OF
the hearing Mr.. Polk said he had never
given Commissioner Maltbie an opinion
stating that the city's interests would
be protected If the order OF the Public
Service Commission had incorporated in
II clause specifically stating that the
approval Of the sale Of the Amsterdam
stock did not carry with il the ap-
prevail Of a merger also. He said, how
ever, that after the order was issued
his assistants had agreed 10 an opin-
Ion that the city's interests had not
been affected by the order.
Burr Gives fits Story.
When Senator Thompson reminded
Mr.. Polk OF the marked difference be-
tween what he and Mr.. Maltbie had re-
snembered In coDnection with the mat
ter, the State Department councillor
said he did not know what Mr. Malt
bie's idea was in testfying as he did.
- have no recollection about talking
90 him about the city's consent in the
Amsterdam case" he added.
1r. Burr later said he was given
Ave days notice Of dismissal at a time
when he was actively engaged in fight
ing for the eity's interests in the Am
sterdam case. Attorneys for the Ed