New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1919-01-04
Swami Takes
Step to Smash
Milk Barrier
Appeals to Governor for a
Change i'm Law to Permit
Prosecution of Dairymen

With only so per cent of the citys
normal daily milk supply received yes
terday and but slightly greater receipts
expected to-day, District Attorney
Swami last night sent letter to Gov
ernor Smith appealing for legislative
action to amend the act which exempts
the Dairymen's League from prosecu-
tion under the Donnelly anti trust act
This step was taken after con-
ference between the District Attorney,
( Mayor Hylan and Health Comnliss oncr
#Cppeland at the City Hall. They Will
depart for Albany on Monday morning
to personally press the plea for action
to smash tie barrier which, they be-
lieve, is holding the city from an adc-
quate milk supply.
Governor Smith announced last night
in Albany that he would do all in his
power to remedy the existing situation.
He declared that if an investigation
was needed he would make it or see
/ that it was.made.
CommisNheer Copeland made no at
tempt yesterday to commander the
milk. The baby health stations re-
ceived more than seventy five per cent
of their needs, compared to forty five
per cent on Thursday. The commits
sioner said that while eighty per cent
of the children who rely on the milk
stations for their supply would be
served to-day, he was forced to adopt
every means OF assuring the thousands
of other children of their essential
milk rations,
Children to Get Milk First
After a conference with the dis
tributers, he announced that deliveries
would be first made to families with
small children He advised that parents
telephone their distributors in case
their family is ignored.
The milk receipts for yesterday. as
given out by Dr. Copeland, were $780, 900
quarts, compared with the daily aver
age Of 100000. A considerable per-
ccntage of this milk is from entirely
new sources, he said BY the conser-
walton which hotels and restaurants are
practising. large supply is being d-
verted to households.
Thomas d. Green. president of the
Hotel Mems Association, and H. ].
Cavanaugh, of the Society of Restaura-
teurs, said no milk had been sold as q
beverage yesterday by members Of
their organizations. The Childs Com
pany turned over 1000 quarts of milk
to baby health stations
Dairymen Bring About Crisis
The District Attorneys appeal to the
Governor was induced largely by rec
ignition of the fact that dairymen and
distributors are engaged in fight to
finish The refusal of members of the
Dairymen's League 10 waive immunity
before testifying yesterday at the John
Doe inquiry into the high cost of milk
/ brought matters to head. The hear
ing was adjourned, and the conference
followed Following is the letter sent
by Mr.. Swami to the Governors:
January 3. 1919.
Hon. Alfred 4. Smith. Governors Ex-
/
Ny dear Governor Smith: After
conference between Mayor Hylan,
Health Commissioner Copeland and
the District Attorney, | inclose a
memorandum stating briefly the re-
suit Of the investigation to date into
the milk situation in this city Con-
ditions call for immediate relief for
the sufferers among the poor and as
menace to public health.
Ia a.
( American TO have a privileged class
in this state that it seems to me that
the acts cxempting the dairymen
from liability under the conspiracy
section Of the penal law and the
antitrust act should be repealed
without delay in order to grant relief
That is necessary here in the great
city, as we'll as all other cities in the
! state.
Defy Spirit OF Fairness
Under the aegis Of protection of
these acts the dairymen and distrib
uters acting together defy all spirit
Of fairness and are exacting the last
farthing from the people who must
be supplied with milk.
am perfectly willing that all the
responsibility for the introduction Of
a repeating statute shall be placed
upon my shoulders.
am sending this memorandum in
order that you may be familiar with
its contents previous to the visit Of
the Mayor, the Health Commissioners
and the District Attorney on Monday.
very truly yours.
EDWARD SWAMI,
District Attorney
rs the memorandum referring 10 the
lacss established in the current milk
inquiry, District Attorney Swami
cnumeratcs twenty-four points led hv
Inc statement that there il q m;lI
combination controlling The sources Of
supply and another combination "a con.
trolling the facilities for distribution
Of milk. not only in the city but I'~'' nlsc'
where ~ wellv NS '''0
Says Greed lis Unbounded
since the enactment Of tbc.o ,a,.a
in 1913, the greed and rapacitv ~ ti,'
Dairymen's League trust and thn ,,.' sn'
dncer and distributor have Know,
hounds" he says, "as they now feeI "p
that there is no statute which con
curb or control them.
ut han been further shown TINT
honest, Woodworking Jairymcn have