The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-07-02
DEFENDS DAY AS
FOE OF RASCALS
Counsel Upholds Action in
Selling Food and Fuel
at Low Prices.

Day, Mayor Hylan's Commissioner or
Foods and Markets. In purchasing food
and fuel on behalf OF the city and selling
these commodities later to the poor at
figures greatly under those prevailing In
the open market were undertaken "for
the people who were being robbed by the
rascals and scoundrels who were boost
ing prices" So Edward s. Malone, As
sistant Corporation Counsel declared TO
Justice Mulan in the Supreme Court
yesterday.
Mr.. Malone argued for the vacating Of
an order requiring Mr. Day to present
himself for examination before a Su-
preme Court Justice, an application for
the inquiry into the affairs Of his de-
partment having been made by the West
Side Taxpayers Association. represented
by William NJ Bennett, former State
Senator.
The law Mr.. Bennett sought to invoke.
so Mr.. Malone argued. had been enacted
to protect the city against fraud and
theft. and had been passed because OF
the Tweed scandal. which had its culmi-
! nation in the building % the County
Court House.
Fears Result of Precedent.
But there is no charge OF corruption
in your proceedings, is there Senator"
asked the court.
"N-no," admitted Mr.. Bennett. but
we contend that IL the practice OF buying
goods and selling them through private
account is continued II would result else
where in scandal"
You see, Mr. Bennett" Justice Mullan
continued. Commissioner Day says. I
lid those things, but il was right for me
to do them. AS to any violation O. the
charter. was dealing with an emer-
gency.'"
Mr. Bennett thought the question 10
be purely one OF law" and that an eN-
animation might develop facts which
would cause the taxpayers TO ask the
Mayor either TO require Commissioner
Day to change his methods or TO remove
him from Office.
In defending Mr.. Days official con-
duet MIR. Malone said conditions during
the Mitchell administration had been
such that the authorities then advocated
the passage OF law to protect citizens
against excessive food charges. Chap
ters SOC and SI3 OF the laws OF 1917
rad been partially successful, he main
tanned.
Under LeEislature's Sanction.
Under the provisions OF those statutes,
Mr. Malone told the court. Mayor Mitchell
and the Board of Aldermen had con-
| CURED in declaring that an emergency
existed which required the city to pur-
chase. store and sell foodstuffs and fuel
in accordance with the authority granted
by the Legislature. Mr.. Malone ad-
mitted that Commissioner Day had
bought food prior to the passage by The
| Aldermen in April OF a $4,000 appro-
priation.
But he was working under a legis-
| iative act apart from the charter said
Mr. Malone. land that act permitted him
to buy goods not only with the money
of the. city but on tho credit OF the city.
| They charge that he conducted a private
| business In competition with private
business enterprises. We claim the law
gives him that power. We are charged
with having sold TO restaurants and
| fashionable hotels. That we deny. The
| taxpayers, who for some reason are
| bringing this proceeding. claim our sales
were not made to the poor. We reply
they were made to the poor and TO others
as well without discrimination"
Plans Approved by Hoover.
Mr.. Malone told Of Commissioners
Days difference with Herbert G. Hoo
ver. Federal Food Administrator, and
said that Mr.. Hoover had approved OF
the relief plans here. Mr. Malone
thought. in the circumstances. he said
| that the Rev. Mr.. Day had done a
! Christian act in conducting his office IN
a manner that had resulted in good TO
| the people of the city and had met with
! the approval of God.
"Of course now that Mr.. Malone has
assured the court that the Rev Mr.. Day
has the approval OF God and Mr..
Hoover. II would seem there is very lit
! tie that anybody else could say said
Mr. Bennett in his argument But this
! attelrrt to bolster up illegal procedure
! by shouldering all his acts on God and
| Mr.. Hoover reminds me of an advertise
ment 7 saw in Kansas recently where
/ the street railroad was trying to gel
! permission to raise its fares to six cents
! The advertisements of, the company
| stated that In the circumstances any
body who opposed the increase in stree,
railway fares would be deemed unpatri-
otto and opposing President Wilson and
his Administration.
II resent this whole idea OF trying ia
shield the alleged Illegal conduct OF any
city officer behind the flag. The cold
facts are that Mr.. Day has admitted
that ne started a private bank account
to run his market business when he
hadn't the authority OF the Board OF
Estimate. He ran his bust ess on his
| own hook for two months before he re.
ceived his first $4,000 for conducting
the city markets, Now he wants $780,
| 600 more. We do not charge any fraud
but we do say that the taxpayers have
a right to know what he is doing SO
that this city will not be plunged into a
scandal
L