New-York tribune., 1919-07-11
Markets Commissioner Is
Exasperated by ID e lay y
After M ny Personal
Clashes in Six Hours
Concentrates on Fish Deal
Ex Senator Interested in
the Reported Withdrawal
of Sums for Six Weeks

Or. Jonathan C. Day, Commissioner
at the hearing Of the charges against
him before David Hirschheld, Commits
eioner of Accounts, yesterday when
former Senator William Bennett asked
for additional time to prepare more
evidence for presentation. The inquiry
is being held at the instigation of Mr.
Bennett, who alleges fourteen points
of misconduct in Office by DR.. Day.
II ask you as plain, honest,
straightforward citizen to go on with
this hearing" DR.. Day said.
Although the hearing had been in
progress for six hours, DR.. Day said
that he was prepared to go on through
the entire night, until he had proved
to every ones satisfaction that the
charges were unfounded. The hearing
was finally postponed until Monday
morning.
Concentrates on Fish Deal
For the most part the session dealt
with technical testimony concerning the
financial transaction involved in the
purchase of 100000 pounds of herring
BY Dr. Day Thirteen other allegations
trated his cross-eXamination on the
charge that DR.. Day "bought approx
mately 900 pounds of fish from
W. W. Howard at seven cents pound
in the name of the city prior to receiv-
ing any appropriation; that the bill.
therefore, has not been paid; that he
allowed the fish to become spoiled so
that it was approximately a dead loss
to the city, and that he has involved
Hc in
cation in connection with the pur-
chase"
DR.. Day testified that he made the
purchase, not as Commissioner of Pub
lie Markets, but as special agent Of
the city appointed by the Mayor to
purchase food and fuel. The appoint
ment, he said, was under the power
granted the executive of each munici-
pality of the state under the laws of
1917. During Mayor Mitchel's admin
istration. he said, the Health Com
missioner was empowered to make the
purchases. DR.. Day said he had been
sent to the Corporation Counsel by
Mayor Hylan before buying the fish
and was advised that no liability would
be incurred by the city. He added
that ". w. Howard, from whom the
herring had been obtained, had agreed
to wait for his money until after the
fish lad been sold.
Many Personal Clashes
'iHc hearing was repletc with per-
81 j. e.sThcs between Mr.. Bennett
and DR.. Day and the latter's attor-
oo.,on. a Deputy Commits
eioner of Accounts, testified that he
l.. ..-stment oil Public Markets owes
ar. Howard S23.3562O tor 311,416
pounds OF fish. Mr.. Loudon said that
Commissioner Days accounts showed
l., unwarranted purchases. He read
e veral accounts from DR.. Days cash
IL. showing that three separate
a. money. aggregating S1,150,
W re withdrawn from the bank by Dr..
1, -. ;s..>. ,eueposited within a month
If. RelAett SAID later that this was
.re OF the most significant points de-
rieloped, as no record of this money
Vas made during its six weeks abb
yence from the city's Golfers.
Mr.. Bennett attempted to introduce
a letter written by DR.. Day to Com
missioner H,rschtield after the latter
Dad criticised DR.. Day in a 'otter to
lhe Mayor. The letter said at one
point: Your humorous eloquen& is
sxcclled only by the smell of the
Herring."