New-York tribune., 1919-01-11
held in reserve for possible outbreaks
having nothing to do.
Hylan Demands Legal
fiction to Limit Strike:
S,uar,r. Promises to Act

Mayor Hylan, on learning yesterday
that the striking marine workers had
called out the crews of the city fire
boats and the boats of the Departments
of Charities and Correction, wrote to
District Attorney Swami, asking that
the matter be brought to the attention
of the grand jury.
In the letter he says that labor lead
ers who have given this order and men
who follow it are guilty of misde-
meanor in that they have conspired to
commit acts injurious to the public
health, public morals or trade or COM
merce, ETC."
The Mayors letter to the District At
torney follows:
"City of New York,
"Otfice of the Mayor,
January 10, 1919.
Hon. Edward Swami,
District Attorney,
New York County.
Dear Mr.. Swami:
II have been credibly informed
that labor leaders have ordered out
on strike .he officers and employees of
the boats of the departments of Chart
ties, Correction and Health, running be-
tween Manhattan, Randall's, Rikers,
Blackwell's and other islands, where
the lives of thousands of men, women
and children in the hospitals and other
institutions on these islands depend
upon the daily supply of milk, food and
other nourishment which is furnished
to these institutions by the depart
ment boats.
Says 1t Violates Penal Law
"lf these employees comply with the
orders of these strike leaders they will
violate their public duty and are guilty
of a misdemeanor under Section 1857
of the Penal law, and the labor leaders
who order these men out on strike do
so in violation of Section $50 of the
Penal law, Subdivision 6, which among
other things is as follows:
"'If two or more persons conspire to
commit any act injurious to the public
health, public morals or trade or COM
merce, etc, each of them is guilty of
misdemeanor.'
II urgently request that you take
immediate steps to present the matter,
to the grand jury. These city en-
ployes have no grievance, but are de-
liberately ordered On strike
ut seems to me that when labor
leaders go so far as to jeopardize the
lives of children and inmates of insti-
took some action Very truly yours,
JOHN F. HYLAN, Mayor"
Indictable, Says Swami
When District Attorney Swann's at
tention was called to Mayor Hylan's
letter last night he said that he would
follow out the suggestions contained
therein. He pointed out that a strike
of these city employees would render
them liable to prosecution.
They are not wage earners engaged
in trade he said, "but are in the
public employment, and the statute
in trade does not apply to public
officials. Under Section 1857 of the
Penal laws they are indictablc for
failure and refusal to perform the
functions of their public employer,
81 hope they will see the light and
recognize tomorrow that they have
been ignorantly and badly advised"
John H. Delaney. Commissioner of
Plants and Structures, announced last
night that the ninetyone men who
had deserted the municipal ferries to
Staten Island to go on strike had been
suspended by the city. They are
charged with desertion from their
post of duty and absence without
leave.
The suspended men include twenty
one captains, fifteen quartermasters,
fifteen chief marine engineers and
twenty eight marine engineers.