The sun., 1919-06-23
BENNETT DEMANDS
REMOVAL OF DAY
Ex-senator, for West Side Tax
payers, Sends Hot Letter
to Mayor.
WANTS PUBLIC HEARING
Makes IA Specific Charges
Against Commissioner
Of Markets.

Raw DR.. Jonathan G. Day. Commits
sloner OF Markets. was demanded in a
latter yesterday from ex-senator Will
liam NJ Bennett to Mayor John +. Hy-
ian. The letter. setting forth fourteen
sneclhc charges alleging dereliction of
duty on the part OF the Commissioner
N Markets, was made public by Mr..
Bennett as counsel for the West Side
Taxpayers Association. and demands
that in the event that the Mayor IL not
disposed 10 remove the Commissioner on
me charges alleged in the complaint
ne set day for a public hearins.
summon Commissioner Day before him.
vhereupon Mr.. Bennett promises to
prove his charges 'iout Of Commissioner
Days own mouth"
Mr.. Bennett. II will be remembered.
won the Republican nomination for
Mayor from the late Mayor Mitchell IN
The September primaries in 1917. He
was severe critic of the Mitchell admin
istration, an opponent of ex-Gov. Whit
man in his fight last year for a renomi-
nakion, finally Withdrawing in favor Of
Merton E. Lewis and tiger eating
snti-Tsmmany propaganda. This. how
ever, ia the first time he has risen to
remark anything critical OF the Hylan
administration calculated to obtain more
than passing notice.
First among his, list Of charges against
Commissioner Day Mr.. Bennett alleges
that the Commissioner opened q private
bank account in the Irving National
Bank and through this account effected
transactions in behalf of the city in vio-
lation Of section 14s of the city charter.
In connection with this complain, Mr..
Bennett attaches q copy of letter from
him to the Mayor dated June 2s. 1918.
drawing the Mayors attention to the
matter. and a copy Of a letter dated
July /, 1918, from Grover Whalen. then
secretary to Mayor Hyian, In which IL
was stated that the matter had been re-
ierred to the Corporation Counsel. Mr..
Bennett declares that since that date
hs has had no reply from the Corpora
ton Counsel 49,
Accuses the Mayor.
Mr.. Bennett further charges that
Mayor Hylan has had personal knowl-
edge OF Commissioner Days alleged
derelictions, and refers to the recent re-
port Of Commissioner Of Accounts David
Hirshfeld for the year 1918. in which
that official charged that Commissioner
Day was one of the incorporators and
president Of the Plaza Community Club
and the Mutual Finance and Exchange
Market, Inc, and that 1t was his sole
object to make personal profits" from
these organizations.
After reminding the Mayor that he
has power under the charter to remove
Commissioner Day Mr.. Bennett sets forth
the following charges against the Com
missioner.
/. That in violation Of section 14s of
the charter, in carrying on his office he
opened private bank account IN. the
Irving National Bank, and instead of
running through the Comptroiler's Of
fee his transactions with the city for
several months he ran his transactions
on behalf OF the city through this private
bank account. depositing city checks in
and himself drawing checks on said bank
account, In violation OF section 149 of the
charter.
g. That for several months In paying
the bills incurred as such officer OF the
city Of New York he paid these bills with
his own check and other bills with the
check Of his private secretary and other
bills in cash. without obtaining a warrant
from the Comptroller, countersigned by
the Mayor. all these acts being in viola
ton Of section 149 OF the charter.
.. That for months he carried on busi-
ness in the name of the city without hav-
ing the method of keeping his accounts
approved by the Comptroller, as required
by section l49 of the charter.
1. That for months he paid bills and
claims against the city incurred In con-
rection with the business of his office
without complying with the provision OF
section l4s OF the charter that mo claim
against the city shall be paid unless ar
auditor OF accounts shall certify that the
charges therefor are Just and reason
:. That he incurred expenses and made
contracts in the name Of the city of New
York for a number Of months prior to
receiving an appropriation from the
Board OF Estimate, in direct violation OF
section l54l of the charter.
Charges Waste of Funds.
O. That he has loaded up his depart
ment with high priced and useless depu-
ties and has wasted the funds Of the
city by increasing the payroll Of his de-
partment when there was no necessity
for II
I. That he bought approximately 400.-
600 pounds of fish from W. W. Howard
at cents a pound In the name Of the
city prior to receiving any appropria-
ton; that the bill therefor has not been
paid that he allowed the fish to become
spoiled. so that 1t was approximately q
dead loss TO the city, and that he has
involved the city in litigation or pos
sble litigation In connection with this
purchase.
5. That he has involved the city Fl
litigation over an Illegal contract for the
purchase of Ice.
?. That he has involved me city ir
Possible litigation over Aa1 has wasted
the c!ty's money in connection with the
alleged purchase by him OF coal.
10. That David Hirshheld, your Com
missioner of Accounts. has reported thai
commissioner Day caused 70 DO estab-
hshed two private corporations known al
me Plaza Community Club" and tht
Mutual Finance and Exchange Market
me-" with the intention of having thes,
Two corporations operate on city prop
cry and according to the report CT YOU
SAD Commissioner OF Accounts Commits
soner Day was president of these tw,
corporations and the sole object was {,
make personal profits for the incorpora
ton"
IL. That your said Commissioner o.
accounts in his annual report has statet
mat he ALSO discovered that the. per
sonnet OF the incorporators and tn,
prime movers in these two corporations
were unreliable and that their finances
consisted solely of promissary notes ant
uhdeposited checks nd that their activi
ues were eneWetically devoted to tn
sale OF stock to innocent purchaser
upon the misrepresentation that tn
project was backed by the government
+" the city Of New York"
H. That said Commissioner OF Mar