The New York herald., 1921-08-30
meyer DISCREDITS
HIRSHFIELD WITNESS
Says Smith Who Now Makes
Attack on Him Was Re-
fused Investigators Job.
IMMUNITY Is DISPUTED
Packers Not Stall Owners Ex-
cept in Own Names and Not
as Retail Merchants.

While the Meyer committee was
preparing new evidence to be pre-
sented to-day regarding grating in
the Department of Markets It's MEM
bers yesterday engaged in a running
Are of statements with David Hirsh-
ffsld. Commissioner of Accounts, who
renewed his attacks on the commit
tee. The latter has started his own
investigation of the food and market
subject.
Raymond Smith, formerly food in
vestigator for the Federal Trade Com
mission, testified before Hirshfield
that Edwin J. O'Malley, Commissioner
of Markets. had been picked for the
attack of the committee because he
opposed the election last June OF
George e. Hogue as head of the State
Council OF Farms and Markets. OMal-
ley substantiated this later with
statement that he had been promised
immunity il he would vote for Hogue.
The Commissioner said. however, that
the offer was made after Hogue's cleo
ton.
Senator Meyer said that Raymond
Smith had applied for position with
the investigating committee. and had
left a memorandum setting forth nu-
merous charges against the Department
OF Markets which he would like to In
vestigate for the committee. lie oid
not get the position and has becS-ne
Hirshfeid's star witness in clearing
O'Malley.
Under Gov. Miller's plan for reorgan-
izing the State Department or Agricul-
ture there was deadlock over the
selection of the head OF the council. The
five upstate State members were divided
evenly in their choice OF Hogue and
Berne A. Pyrke.
O'MaIIcy's Vote Elects Pyrke.
O'Malley il a member OF the State
council by reas-1 of his position. and
represents New York. His was the de-
Gliding vote and resulted in the election
of Pyrlxe
"O'Malley informed me he had been
told that If he would withdraw his OPP
position to Hogue the Department OF
Markets would not be touched when the
Never Committee began its investiSat-
ing" Smith testified before Hirshfcld
'O'Malley rejected this. saying he did
not care who investigated his depart
ment.
Il saw OMaley and showed him the
Battle report showing that cattle feed
had been misbranded. On May 10 !
sent telegram TO Gov. Miller protesting
against the selection OF Hogue The
Governors secretary called me on the
telephone and asked me what was the
matter and whether Hogue was not sat
isfactory to the Borden interests. The
next day the Governor called the eleven
members OF the Council into his office
and told them he wanted Hogue elected
to head the Council"
In a statement issued after Smith had
testified. Commissioner O'Malley said:
Following the election Of Judge
Pyrke with my assistance, as head or
the Department of Farms and Markets.
was told that IL ! had supported
George +. Hogue, arrangements had
been made to grant Immunity to the
New York City Department OF Markets
from inquiry.
Every possible wire was pulled TO
get Hogue over. The council of eleven
men. ten Republicans and one Democrat.
stood six to Ave against him. Mine was
the deciding vote.
Il do not know where the promise to
soft pedal tne Meyer probe into the local
Department OF Markets originated. 1t
came to me third handed from a re-
sponsible person.
I'm a talk with Mayor Hylan on this
subject. / recalled Hogue's record and
was told to use my own judgement in
casting my ballot at Albany"
HoGue Gets job, anyway.
Hogue Is now Commissioner OF the
Division Of Agriculture In the State
Department OF Farms and Markets
Smith was an Investigator connected
with the Battle Committee which
studied the state d partment.
Smith in his testimony went over
much OF the material covered in prior
Investigations Of the State department.
covering the bills passed BY the Legis-
lature and seeking to show that Re-
publicans wore authors OF measures
which tended to boost the cost OF food
supplies in New York
In two long letters sent to Senator
Meyer, Hirshfeld repeated his former
attacks on the Meyer Committee and
demanded that body leave alone all
subjects which the Commissioner or
Accounts had began to investigate.
Senator Meyer said
Raymond Smith called at the COM
mittees office a number OF times Offering
his services In connection with the in
Nestieation or the Department or Mar
kets On one occasion he dictated a
memorandum which he said should be
Investigated and which would establish
corruption In the department The COM
mlttee did not feel justified in employ
ing Smith because OF his activities. In
his memorandum Smith said that the
following subjects should be in
vestigated
Relations between 4 city official and
Alderman regarding tho sale OF stocl
In an Ice company In which the official
was 10 get $4,000 for use or his name.
Sale OF a Washington Market stand
for s2.950 which brought the city IS
week rent.
Facts dealing with tne sale OF
whiskey In Washington Market resulting
In the suspension Of q market employee.
involving man who represented himself
az Federal official The employee, who
was dismissed was relnstnted upon the
appeal Of n high city official"
Senator Meyer declined 10 state