New-York tribune., 1920-11-27
Brindell Gets
Until Tuesday
TO File Plea
CONTINUED from page cn.)

loss while the investigation Is IN prog
ress.
1t was intimated that Comptroller
Cralg who has steadfas+lv refused 10
have anything to do with the citv in
curry, would be present 1t was made
known too, that the discussion will he
confined strictly to the matter in hand
end that no mention will be made of
e'ther the city or the Lockwood com
mittee investigation.
Whalen answers Untermyer
Grover A. Whalen, Commissioner Of
the Department of Plant and Struc-
lures, issued statement Yesterday in
reply to Mr.. Untermver's suggestion
that suit be brought against Hol. and &
60. and Commissioner Whalen to re-
cover approximately $4O0, 900 spen. bv
the city for the removal Of ashes from
the site Of the new courthouse. which
Mr. Untermyer says were dumped there
by Holland & Co.
COMMISSIONS Whalen reiterated
statements he made on the witness
stand that he left the company in Au-
gust, 1917; that Holland e. Co. was
only one of the slxty-one firms that
mad been permitted to dunn on the
site, and that when the facts were act
forth before a proper tribunal Mr.. I'm
termyer's statements would be proved
to be the "most baseless, the vilest and
most contemplate defamation of a
public official in the history of citv
gOvernm
He added that the Cancelled confer
ence scheduled for last Saturday be-
tween Mr.. Untermyer and Whalen and
Corporation Counsel O'Brien had been
sugge sted by Mr.. Untermyer.
Mr.. Whalen's statement follows:
" In order to appraise properly the
action of Mr.. Untermyer in canceling
an appointment made with the Cor
poration Counsel and me it is ncces-
sary to note that this appointment to
call at his home at Graystone was
made at Mr. Untermyer's solicitation
and that the purpose Of this appoint
ment was to go over the form of agree
ment which the Board of Estimate had
decided upon at the suggestion of Mr..
untermyer.
"When such form was submitted to
Mr.. Untermyer he said he could not
take it up then; that he would have to
take it up at his home, and he asked
Mr.. O'Brien to so to his home on Sat
urday afternoon, November 20, for this
purpose. At the same time he requested
the Commissioner of Plant and Struc
lures to attend the conference.
About Threat to Sue
"1n backing away from this appoint
ment. which was entirely of his own
making, Mr. Untermyer has merely run
true to form, for the record of his
dealings with the Board of Estimate
and Apportionment shows him again
and again backing away from the sue
cessive positions taken by him. He has
the habit of backing away. He was
eager to Investigate city contracts, then
he positively refused to do so.
with reference to Mr.. Untermyer's
Statement that the city ought to sue
Holland & Co. and make me a party to
TO the action for filling of the court
house site, have this to say: a
THAT | had nothing to do with the
dumping of ashes in the courth ouse
ste.
THAT my partnership with Holland
THAT Holland & Co. was only one
of sixty-one contractors who had per-
mlts to dump on the site
That all facts and data in connec-
tion Herewith will be presented be.
fore the proper tribunal at the proper
time, supported by official documents.
and when that work is completed a
public record will be made that will
prove Mr.. Untermyer's attack to be
the most baseless, the vilest and most
contemplate defamation of a public
official in the history Of city govern
ment."
Julius Henry Cohen, counsel for the
New York Port and Harbor Develop-
ment Commission, issued a statement
defending the work of Mr.. Untcrmyer
against the Mayors attacks in connec-
ton with the comm Mission. He said that
Mr.. Untermyer's appearance before the
Board of Estimate and Apportionment
in behalf of the proposed treaty with
New Jersey was purely in the public
interest, and not intended as a grab
or the turning over of the port to
private interests, as the Mayor init
mated.
Mr.. Cohen says the Mayor APPARENT
~ has not read the proposed treaty
which was indorsed by the Governor in
his message to the Legislature last
March. The Governor said that
articles in the proposed compact safe
guard the municipalities Waterfront
property"