New-York tribune., 1919-12-03
DepOsed COmmissionerof
Markets Calls Hylan Il
hypocritc and Charges
Food Sale Craft Scheme
Says Deputy Smith
Proposed "Divvy''
to Ask Inquiry;
former Aid Laughs at
Allegations of Chief

Dr. Jonathan G. Day, Commissioner
OF Public Markets, was removed from
office yesterday by Mayor Hylan In
a letter dispatched to the Mayor last
night the deposed commissioner told
the Mayor he was preparing to expose
liylan's "unfaithfuMess and hypocrisy" ,"
adding:
II realize now after my brief ex-
perience IN office that ] was not ex-
pected by you and some Of your inti-
mate advisers TO serve the public, but
that was expected to be a catspaw
for selfish. base and sordid schemes
and interests"
An inquiry into charges by Or. Day
1hat William W. Smith. whom Dr.. Day
removed on Monday as deputy COM
missioner had approached him with a
the sale Of army lood possibly viii be
conducted by the Board Of Aldermen.
Alderman Jacob w. Friedman said last
night he would introduce resolution
to this effect
Mulry Acting Commissioner
When Dr. Day arrived at his office
yesterday morning he found letter
from the Mayor informing him that
his services no longer were required.
Shortly afterward the Mayor announced
the appointment Of Deputy Commits
sioncr William p. Mulry. the only
original deputy OF the department in
this administration. to the Acting
Commissioncrship. Mr.. Mury lives
at 2S3 Parksde Avenue Brooklyn.
In discussing his dismissal ycster-
day. Dr. Day said that it came "after
long series Of differences between
myself, Commissioner of Accounts
Hirshfield and Deputy Markets Com
missioncrs O'Mallcy and Smith, He
added that on November % he had
written to the Mayor. asking what dis
position the latter had made OF charges
brought by former Senator William NJ.
Bennett against Dr.. Day and heard by
MIR. Hirshficld. He SAID that the
Mayor had replied by letter that it
would take at least ten days to sift the
mass OF testimony.
Says Smith Proposed "Divvy'
DR.. Day said that this reply was de
he had written to the Mayor informing
him of the removal of Deputy Commits
sioner Smith. in this letter DR.. Day
told the Mayor he had dismissed Smith
because he had let O'Mallcy dictate 10
him The Commissioner informed the
Mayor that Mr. Smith had come to him
with a proposition to divide between
them the profits derived from the sale
Of SO 900, 600 WORTH Of army surplus
food to the public. Referring to this,
Dr. Days letter to the Mayor said;
"Smith SAID III substance about as
follows: Nov. | want to talk to you in
another way. Forget that YOU are
Commissioner and that | am Deputy
Commissioner Let ne talk TO you as
Billy Smith TO John Day. There is go
ing to be a whole lot of money left
over from the sale of army foods and
we can have it among ourselves.
Il said to him: Who can have it? 1t
is my opinion that the employees, VINO
have pat in long hours, and the volun-
tcers, who have put in long hours with
out pay and who have destroyed cloth
ing, should have whatever margin there
is after all obligations are paid to the
army, to labor and to trucking.'
Rejected Proposal, Says Day
"He said: 4 mean that we here
in the office can divide it among our
selves. 1t belongs to us if it belongs
to to Anybody. My reply was: You
cannot divide scent piece with me
or among ourselves. Then | said to
him: Did O'Malley send you to me
to say that?' He said: Yes, bat do
not bring me into it if YOU have any
more trouble with O'Malley.'"
DR.. Day also charged Mr.. Smith with
transferring S110.o00 held jointly by
Smith and O'Malley, from the Public
National Bank to the Greenpoint Ma
tional Bank. This money was part of
the profits, Dr. Day said yesterday.
and was not supposed to be removed
except with the consent of Corpora
not been obtained. DR.. Day also made
public yesterday his letter TO Mr..
Smith calling for the latter's resigna-
tion because of the transfer of this
money.
The clergyman alleged, in discussing
Mr.. O'Mallcy's removal, which became
effective October II. that the former
deputy had protteered in the sale OF
army foodstuFs to the public He de-
clarod that, although Mr.. O'Malley had
agreed to hold the city's margins to
two cents on pound or can, the prices
had been raised three cents and in
some instances seven cents.
Charges Deception by O'Malley
About S300,OOO is now. on deposit.
the oustcd commissioner said. repre-
senting the profit on these sales. The
creation of this large surplus. Dr. Day
charged, was the result of the direct
deception on the part of Mr.. O'Malley.'
Mr.. OMalley, in discussing these
charges last night, asked 20 be per