The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-07-04
SCHIEFFELIN SUIT
ATTACKED BY HYLAN
Mayor Demands Dismissal Of
100000 Action Over AL
legged Libel.
LETTER NOW EXPLAINED
Called Privileged Communica-
ton and Upheld as Con-
tanning Facts.

N1AhAhes - "NsSs
Mayor Hylan made formal demand
upon the Supreme Court yesterday for
the dismissal Of the action TO recover
100000 damages for alleged libel
brought against him by william ].
schieffeiin, president OF schieffelin q Co..
wholesale drug manufacturers. ana
chairman Of the Citizens Union. The
Mayor sets forth. in effect, that the
letter upon which the suit Is based
was a privileged communication. Fur
thermore, he states as secondary
reason why the suit should be dismissed
all the allegations made in the letter
Of which the plaintiff complains were
justified by facts and court records.
Following the publication in April OF
letter sent by Mayor Hylan to Or.
Royal 8. Copeland, Health Commits
sioner, In which Schieffelin. as head OF
the drug Arm bearing his name, was
accused OF manufacturing narcotic drugs
which led young men to crime ana
insanity and OF violating the law In
respect to the sale of these drugs, at
torneys for Schienelin filed In the
County Clerks office a suit alleging
these statements were wholly false and
slanderous in their nature.
Twenty days was allowed for the
fling OF a reply by the Mayor. but this
time was extended and yesterday his
Honor. through William p. Burr. Cor
poration Counsel, came forth with his
answer. a voluminous document. From
the viewpoint Of the post office authori-
ties, this answer Is first class matter. as
II was sent through the malls and re-
quired two 20 cent stamps to carry It
from the City Hall to the County Court
House.
Mayor Admits Letter.
Mayor Hylan In his preliminary
statement admits writing the letter
which Mr.. Schieffelln takes exception TO
and claims as IAN absolute privilege" the
right to make certain statements. as 1t
was in line with the investigation Of the
extent of the drug habit in New York.
This inquiry then was being conducted
by the Health Commissioner under ex-
plicit orders from the Mayor, who APP
pointed DR.. Copeland on April 30. 1918.
Continuing the reply states:
1T was the duty OF the defendant as
Mayor to see that the ordinances of the
city were enforced without fear and
favor. and to the utmost OF his ability
for the best interests OF all the people
OF the city and for the protection OF
public health. safety and welfare. 1t
had been shown by the records that
hospitals and clinics were treating
thousands OF young men and women
who had become addicted to the use OF
sbit forming drugs. There was a large
| Increase in the number of drug addicts.
| and 1t was in the interest OF public
4,
vestigation be made 20 ascertain those
responsible for the sale of drugs"
Tho Mayor then goes on to state that
] April 8. 1918, he wrote to James f.
MacBride, who then was President OF
| the Civil Service Commission, calling his
attention TO rules and regulations OF the
| Department OF Health aimed at the
| curbing of the promiscuous sale OF
| drugs and asked for an investigation
by that department as to what extent
the law was being violated,
! Introduced as part of the defense In
/ the present suit Is a letter dated April
! "a, 1918, from President MacBride, in
which the writer asserts that he finds
that William Jay Schiefrelin OF the Citi-
zens Union was one OF the oral exam
iners for the Civil Service Commission
who passed on the employment CT Lucius
Polk Brown OF Tennessee as Director
OF the Bureau OF Food and Drugs OF the
Health Department. Brown. according
to the letter. failed In his duties when
he assumed the position.
Charges by MacBride.
| This letter. filed In evidence. concludes
by saying: IN view OF Lucius Polk
Browns grant OF immunity from super
vision to the William Jay Schieffelin
Drug Company II does not need a very
extensive inquiry to find the motive
which has permitted the agent OF Will
lam Jay Schiefrelin's Citizens Union &c
accelerate propaganda to save Brown
from investigation.
Continuing in his answer. Mayor Hy.
Ian states that IN information and be.
lief up TO 1909 Schieffelin & Co. manu-.
featured large quantities OF cocaine al
its plant in The Bronx and that there.
after the Arm was a large purchaser Of
and dealer In narcotic drugs OF various
descriptions. A report OF the Commits
sioner OF Accounts. a copy of which 1!
, attached to the papers. says that Mr.
Schieffelin owns or controls the Schaefel
Alkaloid Works. a narcotic drug manu-
featuring concern at haywood, n. J.
Returning to his plea OF justification
Mayor Hylan submits that the Arm o.
|
is unquestlonably a dealer in narcotic
drugs and files a list Of about fifteer
drug store proprietors in New York cit,
who. he alleges. have purchased from
Schieffelin 4 Co. the narcotic drug
which they sold at retail,
Another insert In the Mayors answer
Is a list containing the names of be
tween fifty and sixty men and womeI
who were arrested and convicted in tn
courts as drug addicts. also the names
OF the drug stores from which il is al
legged the men and women convicted o
various offenses purchased their dope
The druggists accused by the addict
correspond with the names OF those VIII,
purchased their supplies from SchlefTeill
& Co. II Is alleged.
Violations OF explicit orders of III
Board Of Health are also charged agalns
Schieffelin & Co. by the Mayor in jus
} t!fication OF his letter.
The suit is the elimination OF a lonI
and bitter controversy between Mayo
J Hylsn and Mr.. Schieffelin as chairmal
Of the Citizens Union, which is oppose
to the present City Hall administra
, ton. When the papers in connection
: with the action were filed in May MI
Schieffelin stated that the suit woul
, be fought through the courts until
. jury returned verdict