New-York tribune., 1919-07-04
Saws in Defence in the Case
of W. ]. Schieffelin That
He Believed Statements
in His Letter To Be True
Makes Counter Charges
Alleges That Drug Company
of Which Plaintiff Is the
Head Violated the Law

Mayor Hylan's defence in the libel
suit brought against him by William
Jay Schieffelin, head of the Citizens
firm of Schieffelin & Co., will be that
the letter in which the Mayor called
Mr. Schieffelin a sorry spectacle" was
privileged, and that in writing it he
acted in the performance cf his official
duty as Mayor.
This was indicated yesterday when
the Mayor filed his answer to Mr..
Schieffelin's complaint II the Supreme
Court, through William P. Burr, COR
poration counsel. The lettec which
the head of the Citizens Union is
making the basis for his action was
written to Health Commissioner Cope
land on April 10.
Mayor Hylan, in that letter, declared
among other things. that Mr.. Schies-
felin's drug concern violates the law
in the sale OF narcotics WHICH make
criminals by the Wholesale" Mr..
Schieffelin seeks to recover 100000
DAMAGES.
The Mayor. in his answer, just filed,
admits the authorship of the letter and
declares the statements he made in it
were justified and asks that the com
p!alnL De dlSmlSSeQ.
The alarming increase in the num-
ber of drug addicts and the necessity
sfor the control of the manufacture,
sale and use of habit forming drugs
in the interests Of the public health,
morals and safety had become a sub
ject of national Importance prior to
April 10. last" says the Mayor.
He states further that the hospitals
IN the city have been treating hun
drcds of young men and women daily
-or the drug habit, ITO rescue and
.save such drug addicts from the dread
1ul consequences of the habitual use
Of narcotics. which breaks down their
moral conscience, develops criminal
tendencies, causes insanity and rem
Ccrs them a burden and menace to
the community"
The Mayor tells of the result of an
Investigation of the subject, and at
iaches a copy of the report to his an
swer. He says his letter to Commis-
soner Copeland, based on the informa-
tion in the report, was placed in q
scnger and directed personally to such
Commissioner of Health" He alleges
that such transmittal of the letter was
in the discharge of his duty, land not
otherwise. and was for the sole purpose
of officially bringing to the attention
of the Commissioner the facts con-
tanned therein"
The answer does not recall the fact
that copies of the Copeland letter were
given to the press from the Mayors
Office.
Believed Statements True
As a second defence the Mayor says
the letter was written in good faith and
in the belief that the facts set forth
thereir were true"
Eor third defence the Mayor sets
forth certain statements of fact in JUS
tification of the letter. He states con
information and belief" that up to the
year 1909 Schieffelin & Co. manufac-
tured large quantities of cocaine in it's
plant il the borough of The Bronx, and
thereafter Schiefelin & Co. have been
large purchasers of and dealers in mar
cotic drugs"
The Mayor annexes a list of sales
by Schiefelin & Co., showing the
names of drug store proprietors who,
he says, had been arrested and con-
victed for illegal handling of narcotics.
He also attaches list of drug ad-
diets arrested and convicted who are
alleged to have purchased their supply
from the drug stores purchasing from
Schieffelin G. Co.
Mayor Hyian states further that on
November 81, 1918, Schieffelin & Co.
pleaded guilty in the United States
District Court to three informations
for violations of the Insecticide Law
of 1910,