The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-11-26
WHALEN SCORED
IN ASH DUMP JOB
BY UNTERMYER
Tells Estimate Board to Sue
Official and Holland & Co.
for 100000 Loss.
RAKES MAYOR AGAIN
Lockwood Counsel Refuses
to Aid 'AbOrtive Self
Investigation
RESENTS INSINUATI0NS
Tells Hylan He Knows Inter
myer Is Not a Tool Of
Traction Crowd.
RESENTS INSINUATIONS

Samuel Untermyer, counsel for the
Lockwood Committee. notified the
Board of Estimate yesterday that be-
cause of the Mayors attacks upon him
he will have nothing to do with any
attempt Of the board ito go through
the motions of an inquiry" Such an
effort at this time, Mr.. Untermyer
said. sis bound to prove abortive and
is bound to be regarded as in the
nature of ADMINISTRATION"
Mr.. Untermyer suggested that If
the Board Of Estimate really wants to
do something worth while in the in
tereSt Of the city it should sue Hol-
land & Co. holders of a city contract
for ash removal. and Grover A.
Whalen, Commissioner of Plant and
Structures, formerly member Of the
Holland concern, for the recovery OF
s400, 900. This, Mr.. Unterrnyer said,
represents what the dumping of ashes
in the court house excavation has cost
the city
But Mr.. Unterpyer is not willing
that even that litigation should be
undertaken by the Law Department
of Mayor Hylan's administration. H.
urged that independent counsel be
employed to begin the action. The
facts that Holland 6 Co. used the court
house site as dumping ground and
l,aI
with that concern were disclosed be-
fore the Lockwood Committee last
week.
Mayor HyIan returned Mr.. Inter
myers broadside with public state
ment In which he shielded the course or
Holland & Co. with which his Commits
sioner of Plant and Structures and for
mer secretary was connected. in dump
ing the ashes on the court house site.
wheM Uylan Was n Lawyer.
The Mayor also undertook TO discredit
the testimony adduced by Mr. Inter
myer from Frank f. O'Reilly. formerly
a magistrate assigned to the Old Even
Street Court. to show that the Mayor
was practising law in that court at the
time the Mayor before the Lockwood
committee, asserted he was an elevated
railroad employee. The Mayor COM
planned that aspect never could nave
been lent to his test mony IL Mr.. Inter
myer hadn't subpenaed the wrong
magistrate. The Mayor declared that X
1t only had been Magistrate Watson who
testified instead OF O'Reilly the testi-
mony would have been to the effect that
before 1897 the Mayor actually was
working for the elevated railroad.
In his statement the Mayor reveals
the ground upon which he seeks to show
that Mr.. Untermyer is the tool OF the
traction interests That charge. the
abatement shows. Is based upon the fact
that Mr.. Untermyer's law firm was at
torney in an injunction suit against one
of the Mayors bus lines.
Mr.. Untermyer's refusal to accede TO
the requests of city officials for aid IN
the conduct OF the Board OF Estimate
proposed inquiry INTO city contracts was
made public in a letter which he did not
take the trouble to address to the Mayor
or to John 7. o Brien. Corporation Coun-
sci. who has direction of the city Inquiry,
but sent 10 Joseph Haag. secretary OF
the Board Of Estimate.
After he had dictated the letter Mr..
Untermyer learned OF the appo o.ntrnent Oh
Meier Steinbrinlk as associate counsel
in the city inquiry. and he added
postscript to say that anything the
Hylan Administration desired to take UP
with him regarding either the Board OF
Estiraate or the Lockwood inquiry might
be negotiated through Mr.. SteinbrlnK'
ALLEGES Bnd Faith in Omcinis.
Mr.. Untermyer gives as his reasons
for leaving the city officials and their
investigation severely alone. despite the
city's request for his help Is that every
attempt of his so far TO give assistance
has been met with such abuse and mis-
representation that 1t Is unsafe for me
and inimical for the inquiry / am con-
Quoting to have anything TO do with
them" As an example OF that alleged
bad faith on the part of city officials
Mr.. Untermyer cites the Mayors at
tempt TO connect him with the transit
companies efforts to obtain an eight
cent fare, which insinuation, he says.
tho Mayor, of all men. knew to be
grossly false" at the time he made 1t,
since the Mayor was In possession OF
correspondence with MFR. Untermyer
which proved the insinuation false. Mr..
Untermyer said he has "never known
anything more brazen or cunning than
his Mayor Hylan's1 attempts TO OBJ
scure the effect of the testimony
dragged from him"
The immediate purpose OF the Lock-
wood committee counsels letter was to
return to the Corporation Counsel and
Commissioner Whalen the form Of con
tract. afTidavit and indemnity TO be eN-
acted from contractors having contracts
with the city which was submitted to
Mr.. Untermyer for his approval upon
instructions from the Board of Esti-
mate Mr.. Untermyer offered several
amendments to the form and he en-
closed In his letter n joint letter OF
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