The New York herald., 1921-08-27
OMALLEY' SREMOVAL
AT BROWNS DEMAND
REFUSED BY HYLAN
Meyer Counsel Says Reten-
tion of Market Chief Pre-
vents Getting Full Facts
Concerning Bribery.
WITNESSES ARE AFRAID
Following Mayors Action
Probers Prepare to Seek
Indictments-Appeal to
Gov. Miller. Perhaps.
HIRSHFIELD GETS ACTIV Z
Offers Proof He Didn't White
wash Officials and Starts New
Inquiry-G. 0. P. Lawyer
Grand Jury Counsel.
HIRSHFIELD GETS ACTIVE

Removal of Edwin j. O'Malley as
Commissioner of the Department OF
the Meyer committee in a letter sent
by its chief counsel, ex-senator Elon
r. Brown, to Mayor Hylan.
The Mayor in answer declared he
would not remove the Commissioner
nor take any action until the COM
mittee had completed its investigation
of the Department of Markets. Fair
play demands that O'Malley should
have full hearing, the Mayor said.
When the inquiry is completed, the
Mayor stated, he would take such ac-
ton as is merited
Complaints and protests piled up so
fast yesterday in the committees Of
fees. at 3S Park row, regarding the
administration of the Department OF
Markets that announcement was made
it would be necessary to continue hear
ings for another full week on that
subject. Numerous cases of alleged ex-
tortion have been reported to the COM
mittee, it was stated, by persons who
appeared voluntarily.
Senator Meyer said that If District
Attorney Swami was not prompt In
the prosecution of bribery charges
growing out of the Washington Mar
ket inquiry request would be made to
Gov. Miller to take the cases out OF Mr..
Swann's hands.
Reasons for Removing O'Maliey.
IN his letter to Mayor TIylan demand
ing o'Malleys removal ex-senator Brown
wrote:
10 write you in the performance of my
duty as counsel to the legislative COM
rnittee requesting the immediate removal
Of Edwin ]. O'MaIley, Commissioners OF
Markets.
while You advised him for reasons
OF expcdiency' to revoke the cancella-
tions of permits held by two witnesses
who had testified to extortion by the
Department of Markets. he stands there
as a menace against drawing out further
evidence of corruption in that depart
ment The mere revocation of these
cancellations will not restore any degree
Of confidence in permitees. and inves-
tication by the committee shows that
some perinitees have preferred TO appear
before the committee and commit per-
Jury rather than expose themselves to
his wrath.
II may add that the evidence clearly
shows that O'Malley had abundant no.
,ice OF the activities OF his inspector,
Winter, who appears as the most guilty
one in these extortions, more than a
year ago; that suggestions OF the ex-
tortfons sufficient to warrant drastic
action. appeared in Investigations before
Commissioner Hirshfield. and that you
now stand In the position OF indorsing
OMaliey's stand for the exclusion of
permitees in the markets who have suf-
tered from cxtortion. Their punishment,
according to your letter, is merely de-
layed.
such practices In the markets, be-
sides defiling the city administration in
: this important branch Of It's work, tends
directly to Increase the cost Of living.
since whatever these dealers In the
markets pay for rental or extortion is
added to the cost of food"
Mayor Is "Grossly Shocked"
The Mayors letter in answer to Mr.
Brown follows:
DEAR SIR: have your letter OF Au-
gust &c, 1921. relating to Edwin J.
O'Malley. Commissioner of Markets.
Your letter is most extraordinary.
This is especially so since the minutes
ahnw TINT Mr.
O'Malley demanded to be heard when
certain incidents we're testified to. and
you, personally. refused and insisted
upon adhering TO the refusal. to permit
him to be heard. 1t is grossly shocking
10 tho universally possessed instincts Of
fairness TO punish a man not only in
advance of the completion OF the testi-
mony directed at his department, but
Immediately following a deliberate re-
fusal to permit him to be heard in re-
lation to the matter, by the very one
suggesting his punishment.
Your letter can only be understood
as a publicity incident OF the irnpend-
ing municipal campaign. l will not do
you the injustice OF accepting the idea
that you as lawyer are O disciple or
the doctrine Of hang first and inquire
afterwards
n hope that the extraordinary char
actcr or your letter demanding the exc
cution OF Mr.. O'Malley without hear
ing Is not a reflection of animus en-
Gendered by his revealing that your com
Inttee placed a convict in his depart
ncnt as an investigator
Your statement that the resembling
or the cancellation of two permits in
volved is insufficient Is as far wrong
~ Your claim that the purpose of the
original decision TO revoke was 10 in
inmate witnesses. ! understand that
your subcommittee have put on record