New-York tribune., 1920-12-08
Mayors Plan for Public
investigation Is Opposed
by Board of Estimate
Despite His Persistency
Steinbrink Takes Charge
Whalen Appeals for Open
Probe; 100000 Suit
by City May Be Result


the legal merits Of the case which in
wolves the dumping of ashes into the
excavation for the proposed county
courthouse.
The city's possible claim against
Holland & Co., contractors, for an
amount estimated at S400,000, al
legged to have been expended by the
city in the removal Of the ashes dumped
into the courthouse site by the con-
tractors, is q matter for legal minds to
determine, according to the decision Of
the Board of Estimate. Samuel Inter
myer, counsel for the Lockwood COM
mittee, had advised an action to re-
cover the money, with Holland & Co..
and Grover A. Whalen, Commissioner
of Plant and Structures, and netime
partner in the Holland concern, as de-
fendants
The Board of Estimate, mindful that
it has burdens of its own, decided that
if there is ground for legal action the
legal department Of the city should be
able to determine that fact. If there
are facts TO be gathered and questions
of law to be determined the courts and
the lawyers should handle the litiga-
tion, not the Board of Estimate, it was
decided.
Mayor Is Persistent
II was only after a long argument
between the Mayor and Meier Stein
brink, associate counsel for the board
that the Mayor was persuaded that it
would appear ridiculous for the Board
OF Estimate to sit as Judge and jury
in the matter and determine the merits
OF a possible claim.
The Mayor insisted that the whole
matter should be thoroughly aired be-
fore the Board of Estimate so that "the
public would know all about it," Mr.
steinbrink advised that the matter
should be investigated first by special
counsel to determine whether the citv
had d bona tide case against Holland
Co., Mr.. Whalen, or any other con-
tractors
Mr. Untermyer had suggested that
Mr.. Steinbrink be designated to in
vestigate the matter, and the Mayor
finally acQuiesced to this plan.
Following the clerks reading of the
Untermyer letter, Commissioner Wha-
len asked to be heard, and the Mayor
granted his request.
MAY l reply to that part of the let
ter which affects me personally?'
asked Commissioner Whalen, and con-
tnued: IF there is one thing that
public official ought to be jealous of
ticularly jealous of mine. have la
bored hard and industriousy in the
clty's interest. and do not intend to
permit any notoriety seeker OF the type
or Mr.. Untermyer to attempt to be-
smlrch my character. I therefore de-
mand at your hands that you imme-
dlately instruct the Corporation Coun-
sci and Mr. Steinbrink to cause imme-
date tgation and to report to YOU
the result of that investigation. | have
absolutely no fear"
Wants Inquiry in Public
Mayor Hylan interrupted to ask why
they should not have the investigation
right here in public"
That is my thought in the matter"
continued Mr.. Whalen, "and | wish
TO say again that with respect to the
dumping in the courthouse | have .b-
solutely nothing whatever to do with
1t. The facts speak for themselves,
and | think the facts ought to be
spread upon the record under oath"
why not have an investigation right
here ard bring these witnesses on the
stand right here in public? ?" asked the
Mayor.
Assistant Corporation Counsel Cars
veil said that the Mayors suggestion
might be inc .uded in the instructions
such as he had Indicated
Let it be made so that it can pe in
cluded,' said Mayor Hylan, $50 that we
can have an open investigation. This
smoke screen which has been thrown
around certain things-t is nearly
time it should be ended"
AS an after-thought the Mayor said
that he hoped the Lockwood committee
soon would get to the investigation Of
the trust companies and the banks and
some of the financial concerns that
counsel for the committee some time
ago said he was going to investigate"
Borough President Riegelmann, Of
brooklyn, called attention to the fact
that Mr.. Untermyc- had specifically
suggested that Mr. Steinbrink investi-
gate and take whatever steps were
necessary in the matter.
"Yes, but we want public investi-
cation right here III the OPEN" in
sisted the Mayor, go that We get the
facts on the record and the public
may know all about it. There are no
rore smoke screens going to be
thrown around these matters"
Mr.. Steinbrnk then declared he did