New-York tribune., 1921-01-18
Whalen Freed
Of Legal Fault
In AshDumping g
Steinbrink Tells Estimate
Board That City Cannot
Recover Damages From
Commissioner or Others
lO7 Firms Are Involved
No Way to Fix Responsibility
Tor Refuse Remaining Oh
Courthouse Site, He Says

The city has no grounds for action
for damages against Commissioner
Grover A. Whalen Of the DEPARTING Mt
OF Plant and Structures, or the con-
tracing firm Of Holland & Co.. in
which Mr.. Whalen formerly was
PARTNER, for the failure to remove
ashes dumped in the new courthouse
site and recently removed for the
1oundat1on work on the courthouse at
considerable expense to the city, ac-
cording to Meier Stenbrnk, special
counsel to the Board of Estimate. Mr.
Steinbrink. who had this matter under
investigation, so reported to the board
yesterday at the resumption of the in.
vestigation of city contracts
Mr.. Steinbrink, however. took occa-
sion to censure Commissioner Whalen
and former Street Cleaning Commits
sioner MacStay. He pointed out that
while there had been a verbal dissol1-
tlon OF Mr.. Whalen's partnership in
the contracting firm prior to his enter
ing public Office, as legal propo-
certain purposes during much of the
time he has been Commissioner and
while he was secretary to Mayor Hylar.
Verbal Discussion Only
ut sounds incredible that partners
who had been careful to have q formal
contract of partnership" said Mr.
Steinbrink, containing a dissolution
clause should have arranged to dis
solve it in SO casual and ofFhand man
ner, with no change of the bank ac-
count, no notice to creditors and moth
ing to evidence the dissolution but
conversation without witnesses. 1t is
not what one would expect from men of
intelligence or business experience.'
The Holland firm went out of busi-
ness on July !, 1920. The. firm was
Whalen, father of Commissioner Wha-
len, and Edward V. Holland. On the
death of the elder Whalen, on April 8.
1907, his interest was acquired by his
son and copartnership was formed.
The firm held contracts for the re-
moval of ashes with various persons,
firms and corporations and likewise a
contract with the city for the clean
ing and patrolling of lower Broadway.
4
work.
"Although the contract of partner
ship contained specific provision with
regard to cancellation" said Mr.. Stein
brink, (which called for written notice
a month in advance by either partner
desiring to withdraw, Grover A. Whalen,
before the Lockwood committee and
under oath, testified that by oral ar
rangement he severed his connection
with the firm Of Holland & %. in the
fall of 1917 Immediately or to en-
gaging actively in the May Atty cam
paign then approaching.
Edward V. Holland says that it was
about the middle of October, 1917, and
that all that was said at the time by
Mr.. Whalen was that he would with
draw from Holland & Co. and that he
(HollandD was to take whatever there
was in the way of assets to pay the
firms debts.
Creditors Not Notified
at is admitted by both these part
partnership articles was not complied
with, nor was any formal notice sent
to the creditors or other concerns. The
bank account in the Guarantee Trust
Company was continued just as it had
been during the partnership, and though
Grover Whalen signed no firm checks
on the bank account after the fall of
1917, hts signature still remains on
the bank record of the account and his
right to sign the name of Holland &
Co. is unimpaired even to this day"
Mr.. Stenbrink said that his investi-
cation showed that there were 107 diff
Terent contractors, including Holland
& Co., who dumped ashes on the site.
The Holland Company dumped LIZA
cubic yards Of ashes, while the Empire
Carting Company and other concerns
dumped far greater amounts, he said.
1t was not correct, as Mr.. Untermyer
claimed, that it cost the city $40o 900
to remove the ashes, Mr.. Steinbrink
reported. The sum that could be
charged to the Holland Company was
only $s,es4, he said. There are still
10000 cubic yards of ashes spread over
been excavated. he declared.
But since the dumping was by per
mission of the former Courthouse
Board and of the Street Cleaning De-
partment," continued Mr.. Steinbrink,
there was no trespass, and in the
absence Of demand for the removal
of these ashes I can find no cause of
action in the City of New York against
Holland G. Co. or Grover A. Whalen. -
Mr. Steinbrink stated that action of
the Street Cleaning Commissioner was,
in his opinion, a grave error of iudg-
AM%I 1T