The New York herald., 1921-02-25
MAYER GIVES CRAIG
50 DAY JAIL TERM
Continued from First Page.

the right of Circuit Judge 20 issue a
writ of habeas corpus in the case, and he
asked for an adjournment.
While discussing informally the date
for the adjourned hearing Comptroller
Craig Whispered to Mr.. Mooney, who
thereupon asked Judge Manton if II
would be necessary for his client 10 APP
pear in person at the adjourned hearing
as the Comptroller mad important busi-
ness engagements for many of the hours
of next week.
ION writ of habeas corpus he should
be personally present" said the Judge.
The date for the adjourned hearing then
was set for next Thursday. and the
Comptroller after posing for several
photographers. hurried away to his Of
fee in the Municipal Buildings He re-
fused TO make any comment and said, his
counsel would do all the talking for him.
Mr.. Mooney. replying to questions, said
the application for the writ was based
upon the ground that the court had acted
in excess of it's powers. as there was no
contempt expressed or implied in the
letter written by his client.
SDOOlQ IL DeCOfilt necessary, nc SsiAu,
IT shall go to Washington and seek
stay from the United States Supreme
Court Should Judge Manton sustain our
contention Col. Caffey probably Will
take the matter to the Supreme Court
This issue can be properly taken there
because il is merely another incident in
the old time clash between State courts
and the Federal judiciary.
"Mr. Craig's attitude is that he was
doing his duty as a State officer In as
sunling the position he took and that
United States court has no right TO inter-
fere with State officer in the legitimate
discharge of his duty. 1 feel every con-
fidence Judge Manton will restore my
clients liberty by sustaining the writ.
Our Federal courts are extremely
Jealous concerning the imposition or
what is called any cruel or unusual
punishments. and | may say personally
that in thirty-lve years experience as
a lawyer have never seen such an eX-
treme exercise of the judicial power as
this The ends OF justice in this case
would have been served fully by the I'M
position OF a fine"
Mr.. Mooney explained that to have
taken an appeal would have required
sixty days, and ne chose the method OF
habeas corpus as being the more eNpe-
ditious He could have sought his writ
OF habeas corpus either directly from
Judge of the Federal Circuit Court OF
Appeals. as he did. or as the only other
possible alternative. he could have SUED
for 1t directly to the United States Su-
preme Court where the case is rele-
want. he contends. because of the as
pect it presents Of clash between state
and Federal authority
Mr.. Mooney comedies that, should
Judge Manton dismiss the writ next
Thursday. nothing will stand between
the Comptroller and the serving OF the
sentence imposed except the possibility
of his winning from Washington stay
of execution at the hands Of the highest
court in the country.
In his letter OF October .. 1919, which
Is the basis of the contempt charge,
Comptroller Craig, after drawing atten-
ton to the fact that the Board OF Esti-
mate was then busily engaged with the
1920 budget, wrote:
Judge Mayer refused TO grant any Of
the relief sought by the city. He not
only denied the relief but he made orders
which preclude any application being
made by the municipal authorities 10
any other court or judge for any right
of examination into the affairs or con-
ditions Of these corporations seeking
municipal aid and favor.
Truth is the mightiest weapon In
every controversy. Tho orders OF Judge
MAYER deny to the municipal authorities
tho opportunity TO ascertain the truth"
After detailing how I'm earlier years
most of the rights and franchises OF
these public utility corporations were
obtained when corrupt political rings
were in control of public affairs. the
Comptrollers lester to Commissioner
Nixon continued
"1t seems TO me a monstrous thing
that an order of n Federal Judge In
court OF equity should stand between
the public and the truth under such cir
cumstances"
This is not the first time Comptroller
Craig has been adjudged guilty of con-
tempt OF court. In November 1919, he
was declared guilty of that offence by
Justice David r. Manning in the state
Supreme Court. Brooklyn. His offence
at that time was "A violation OF an in
junction issued by Justice Edward La
zansxy to restrain the Board OF Esti-
mate from issuing s4.500,0o0 in cor
pora:a stock. OF which S1,0OO,O0O was
used to redeem revenue bonds.
Mr.. Craig fought the decision, but II
was sustained by the Court OF Appeals
and in November. 1920. ho paid the fine
imposed upon him. which amounted TO
SS24.3S.