New-York tribune., 1919-11-14
Federal Attorney Lodges
Complaint Against Comp
troller for Attack on
Judge Mayer in Letter
Second Action i'm 2 DAYS
Accused Of Disobeying In
junction of Supreme
Court; Now of Falsc!lood

For a letter written on October to
Public Service Commissioner Nixon,
in which he attacked Judge Julius M.
Mayors rulings on traction litigation,
Comptroller Charles l.. Craig was for
mally cited yesterday afternoon for
contempt of court by United States At
torney Francis G. C3ffey.
This is the second time in as many
days that Comptroller Craig has been
cited for contempt. Justice Van Siclen,
in the Supreme Court in Brooklyn,
signed an order Wednesday calling
upon Craig to show cause Tuesday why
he should not be adjudged in contempt
for violation Of an injunction against
his selling certain corporate stock
notes of the city.
based primarily on several paragraphs
in Craig's letter in which he said the
orders Of Judge Mayer denied to the
municipal authorities the opportunity
to ascertain the truth about the pend
ing local surface street car suits and
that Judge Mayer had denied to the
city representation in railroad recciv-
erships
The date of Craig's appearance to
plead to the charge as formulated by
Assistant United States Attorney Ben
A. Mathews will be set after the Comp
troller has had time to confer with
counsel.
Wording of tho Charge
The contempt. according to the
charge, was committed when Comp
tro!ler Craig gave out copies of his
letter for publication in the news
papers, in which he stated that the
Federal court III the traction suits was
responsible for policy of denying
l., l. 11,~. 4
of Estimate and Apportonment access
TO original sources of information con-
cerning the property and the affairs
of the various public utilit@ corpora
tions in the hands of receivers ap-
pointed by that court and holding fran
ch,ses to operate in New York City.
The charge sets forth: THE Fed
cral court never adopted such q pol
icy (of conccalmcnt) but, on the CON
10 al otter members OF the Board
of Estimate access to the original
sources Of information and every facil-
ity for obtaining information concern
ing the property anc affairs of said
corporations and expressly directed
that the city and its officials should
have access to such information, and
at no time since the Federal court as
sumed Jurisdiction of any of the trac-
tioi toi poIdtlcnS mas tnlS court or
any one uctn~ Under its authority
ever denied the defendant or any
other member of the Board OF Estimate
and Apportlonmcnt, or any authorized
representative of the City of New
York or any of its officials access to
original or to any other source Of
information concerning 'he property
or affairs of any Of the traction cor
pOrations.
Differs With Craig's View
"1n said letter it was stated that
this court made orders which pre-
Guided any application being made by
the authority of the City of New York
to any other court or judge for any
right OF examination into the affairs
or conditions of the pubic utility
corporations, whereas this court has
never made any such order Prior to
the writing of said letter, the court
expressly ordered and directed that
there should be given TO the authori-
ties OF the city every opportunity and
faclllty for making suci, examination.
ut is also stated in the letter that
the orders Of this court denied to the
authorities Of the City of New York
the opportunity to ascertain the truth,
order that has had or could have such
effect.
1t was stated an order Of this court
stands between the public and the
truth, whereas no order that the Fed
eral court has made has, had or could
have such effect"
The statements in Comptroller Craig's
letter. the information asserts, were
false and made in reckless disregard of
the truth. Comptroller Craig "intend,
ed to charge and wilfully, knowingly
and unlawfully, falsely and contemptu-
ously did charge that the Federal court
concealed the truth" the information
continues.
IT is also charged that the letter was
calcuiateu to threaten the
court with and to incitc public ridi-
cule"
The Comptroller is accused of viola
ton of Section 26S of the United States
,Judicia! Code
1t is said that Mr. Craig will question
Judge Mayors jurisdiction, on the
ground that his letter to Commissioner
Nixon was mot sufficiently adjacent to
the court to conatituto contempt of