New-York tribune., 1920-11-29
Whalen Denies
Any Connection
In Ash Scandal
Asserts Dumping ON Court
house Site Was Asked by
MacStay at Request of the
Firm of Daley & Wins
No Excavations Made
Saws He Was Not Connected
With Holland & Co. Af-
ter Withdrawal in 1917

Grover A. Whalen, Commissioner of
Plant and Structures, sent to The
Tribune yesterday copies of report
he has sent to the Board of Estimate
and Apportionment concerning the
dumping of ashes on the Court House
site and of letters and affidavits sup
rorting the statements he makes in
the report in denial of responsibility
for filing in the excavation.
Having no idea when he was called
before the Lockwood Commit Mr..
Whalen said, that its counsel, Samuel
l'ntermyer, intended to examine him
about the dumping of ashes on the
Court House site-a matter about
which he knew littlc-he was not in
position to defend himself against the
accusations contained in some of the
questions.
"If the accusations made by the
counsel for the Lockwood committee
we're true" he wrote in letter to The
Tribune, "I should not for one moment
be permitted to remain in public Of
fee; on the other hand, if the charges
are false, as the facts disclose. the
press of this city should be as willing
to clear public officials name as they
were in injuring it by publishing de-
rogatory statements emanating from
the counsel for the Lockwood commit
tee"
Weather Conditions Blamed
In his report to the Board Of Esti-
-
e. Whalen calls attention to the sever
ity Of the winter of 1878 and sub
mits letters from the firm Of DALEY &,
Wins, contractors, to show the straits
to which cold weather and lack of coal
and labor had reduced the firms hold
ing contracts for the disposal of the
cty's refuse.
"a combination OF conditions unpre-
cedented in the city's history" he says,
due to frigid weather, an ice bound
river and harbor, shortage of tugs
due to the Communicating of steam
craft for war purposes and q shortage
Of labor caused the suggestion that the
Court House site be used for the dump
ing Of ashes. The records disclose that
this suggestion emanated from the firm
of Daley g. Ivins, & concern which had
contract for the final disposal of
heHSS hlO luDDlou i H6 subject OF
diverting the material which they we're
requested to dispose Of was first sub,
mitted to the Street Cleaning Commits
sioner during Mayor Mitchel's admin
stration in letter dated December
II, 1911"
Permission Obtained by MacStay
Commissioner Whalen says that per-
mission 20 use the Court House site for
dumping purposes in the emergency
was obtained in January by Arnold
MacStay. Acting Street Cleaning Com
missioner, who was impressed by the
pleas of Daley e. 1vins for relief from
the literal terms of their contract with
the city He has sent to the Board Of
Estimate and Apportionment the fol-
lowing letter from l.. Laflin Kellogg
chairman of the Court House Board, to
dated January 8, 1918:
Hon. A. B. MacStay,
Acting Commissioner,
department of Street. Cleaning,
"Municipal Building, N. Y.-City
Dear Mr.. MacStay: l am in receipt
of your communication relative to the
dumping Of ashes on the courthouse
site.
AHe oosro IS very RIs0 TO 40 any
thing 1t can to relieve your department
from any embarrassment as to the
temporary disposition of ashes at this
time AS we have no appropriation
which would enable us to bear the ex-
pense of removing the ashes we must
rely on your promise that you will re-
move the same in a reasonable time
and IN the mean time protect the site,
so as to avoid any injury to the public
With kindest regards, I am
Yours very truly,
IL. LAFLIN KELLOGG,
Chairman"
Commissioner Whalen continues in
his report as follows:
81 Permit Holders Used Site