New-York tribune., 1918-11-24
District Attorney Answers
Mayor Hylan's Appeal by
Pledge of Action
Advance Is Denounced
City's Executive Declares
Babies Are Endangered by
Price Increase

Mayor Hylan called on District At
torncy Swami for the second time yes
terday, to investigate the high cost of
milk, and Mr.. Swami, who, two days
ago, assured the Mayor that legislative
enactments passed this year made it
practically impossible to prosecute pro-
ducers for fixing or conspiracy
promised the Mayor that he would at
once take steps to conduct a "John
Doe" inquiry before Chief Magistrate
McAdoo.
Mayor Hylan in his second letter
called Mr.. Swann's attention to the fact
that he (the Mayor had stopped the
parading of red flags in the city, and
went on to say:
LET us put behind the bars the men
who consplrc to exploit the people and
make red flag paraders and bring ON a
state of mind among them which pro
vokcs unlawful acts or deeds Any ar
gument to justify the milk trust in
raising the price of milk presented by
Judge w, f. Lamb, chief of the dairy
division of the Federal Food Admins
tration; Colonel George r. Merlin
Medical Corps, u. S. A., and DR.. Clyde
l.. King, Federal Milk Commissioners
:
Hoover the price of mil'. was increased
| am sure, will have no effect upon the
action of the District Attorney of New
York County"
Disagrecs With Swapn
The Mayor gave the District Attorney
to understand that he took no stock in
Mr.. Swann's judgment that the amend
ment of the conspiracies act eXemptng
milk producers engaged in making col
lcctive sales put the farmers leagues
or distributors trust" beyond the
reach of the law
Two or more persons combining to
drive out competitors and raise the
price of milk, which is beyond the
reach of thousands # people, thereby
causing the deaths of thousands of
children throughout the city," wrote
the Mayor, "is an act in urious to the
public health, public morals and to
trade and commerce, and no legis lative
act or judicial decision an pabtect such
conspirators."
The Mayor insisted that "John
Doc inquiry, with the "milk trust" of
ticlals testlfying in open court would,
no doubt, "land some of these so-called
respectable gentlemen hiding behind
corporate names behind the bars,
where they belong At least, he
urged, the open inquiry would give the
people chance to know the names of
the men and their methods and the
public officials who spend their time
defending the price increases made by
the milk trust and approve of their
conduct in fixing the price whereby
thousands of children are starving and
dying"
Promises an Investigation
After reading this secsnd call, Mr.
Swami assembled his assistants, Rob
ert C. Taylor and Robert e. Johnstone,
Of the Appeal Bureau, and Joab H
Banton and John T. Dooling for ad-
vice. After a long conference with
them, Mr.. Swann dictated the follow
ing letter to the Mayor:
81 shall take up the matter of the
suggested John Doe inquiry with the
Chief City Magistrate and request him
to hear the evidence, or to designate
a city magistrate for that purpose,
with the object of bringing out in pub
lie all of the facts in connection with
the raising of the price Of milk and
with the view of determining whether
any persons have rendered themselves
liable to prosecution.
"The Legislature last spring EXEMPT
ed the dairymen not only from the ef-
fects of the Donnelly Antitrust act.
but also from the conspiracy section
of the Penal Law.
Notwithstanding these recent stat