The New York herald., 1921-11-19
Protests Inquiry Into His
Department Without OPP
portunity of Defence.
POLITICS BEHIND ROW
Trouble Started When He Sus-
pended Laura, Later De-
fcated for Sheriff.

The prophecy of Elon r. Brown,
counsel of the Meyer committee. sew
,eral months ago that the Hylan ad-
ministration would not let John p.
Leo, Commissioner of Street Cleaning,
stay in Office long, was fulfilled yes
terday when Mayor Hylan accepted
Mr.. Leo's resignation.
Mr.. Leo's letter of resignation stated
that the Mayor had done him an in
justice in ordering David Hirshfield,
Commissioner of Accounts, to investi-
gate the Street Cleaning Commits
sioner's affairs, as a result of defama-
tory statements made 10 the Mayor,
without Offering Mr.. Leo an oppor-
tunity to defend himself
AS result of that procedure Mr.. Leo
said he would appeal to the District At
rorney for an investigation which would
produce either an indictment Of himself
or form the basis of a criminal libel
suit against his alleged traducer He
did not say who would be the defendant
in such an action.
The Mayors letter accepting Mr.. Leo's
resignation ignored the Commissioners
charge of unfair play, but explained:
II regret that you have seen fit to
resign because I directed you to give
TO the Commissioner of Accounts access
to the records with respect to an in
vestigation he is now making in the
Street Cleaning Department. It would
be bad precedent to permit any head OF
O department to pursue such course"
Hirsh field Investigating.
Commissioner Hirshfied said he was
Investigating the Street Cleaning Com
missioners purchase of two garbage
bumpers at $4,000 each, which, accord
ing to Hirshfield. were not worth S10-
900, being obsolete and in bad condition.
He said the defamatory statements to
which Mr.. Leo referred were made to
him and not to the Mayor, and as a
result OF those statements he had started
the investigation and had appealed to
the Mayor when Commissioner Leo re-
fused him access to necessary informa-
ton.
II told Commissioner Leo" said
Hirshfeld. that no Commissioner is
digger than his job, and that as soon
as a Commissioner assumes that he is
neyond the control of the Mayor and his
personal representatives he ceases to
De OF value to the administration"
In the background of the picture lies
the fact that despite Mr. Leo's boast
that he was strictly a Tammany or
ganizatfon man at the time OF his ap-
pointment, he has not been playing the
political game to the liking OF Four
teenth Street. That is particularly true
In that Tammany Hall holds Mr. Leo
responsible for the single county or
municipal office lost in the last election
the defeat of Michael Laura. formerly
Deputy Commissioner of Street Cleaning
for Sheriff OF Kings county
Mr.. Leo admitted to reporters his
trouble really started when he sus-
pended Mr.. Laura for alleged efforts
10 influence court in favor OF a dele
gate Of the Street Cleaners Union who
was being tried for alleged assault on
department employee, thus tending TO
discredft Mr.. Laura then n candidate i'm
the eyes OF the public Mr.. Hirshfield
denied the Laura episode was related In
any way to Mr. Leo's resignation.
Leo's Letter to Mayor.
Mr.. Leo began his letter to the Mayor
with this statement:
Il was informed yesterday afternoon
that some blackguard had made a state
ment to you. which, II true. would indi-
cate that in hiring scows for service in
this department / had ignored the city's
interest for the advantage of the lessor
of the scows"
He then explained that when he was
appointed Commissioner of the Depart
ment of Street Cleaning last January to
succeed Arnold NJ. MacStay he found
that hfty-four OF the fifty-eight scows
hired by the city were obtained from the
O'Brien Bron - rowing Company of
Brooklyn and that the city was COM
PEELED 70 pay si4 a day a scow. BY
krx. -.
managed to cut the price the city paid
for scows down to 81 scow and made
heavy inroads on the alleged monopoly
of O'Brien Brothers.
The treasurer of OBrien Brothers Is
Joseph J. O'Brien. who spent last week
in Atlantic City with the Mayor
Following the resignation of Mr.. Leo
the Mayor appointed General Superin-
tendent A. A. Taylor as Acting Conn
missioner 1t was reported in City Hall
that +. Fl. La Guardia. President of the
Board OF Aldermen. though a Repubi-
can, could have the job If he wanted il
because OF his support OF Mayor Hy-
lan's five cent fare campaign propa-
ganda. Mr.. La Guardia denied he de-
sired the place or that It had been of
fered to him. Friends OF Mr. La Guar
da said that at the expiration OF his
term he will practise law and Il was
also reported that he might get a Tax
Commissonershp which would not in
.terfere with his practice
other Resignations Seen.
City Hall was full OF rumors vester-
day OF impending further res;gnations
including Police Commissioner Enrlght.
gc'yin J. O'Malley, Commissioner OF Mar
s-.-. and at least one other Commis-
Sioner, but confirmation was lacking.
When Mr.. Leo appeared before the
Meyer committee and outlined his plan
for establishing inclnerators for saving
money and cutting out the old time
fsvoritism TO contractors on long haul
jobbing. Elon X. Brown. counsel for the
committee, said:
II confess that 7 like Commissioner
Leo. ] like his presentation and HIS
purposes. II gives promise Of some
thing better, but I have an idea that be-
fore he gets his incinerators he will
have found difficulties which viii pre-
vent their erection. do not think there
ever will be any incinerators. have
no more idea he can get them than I
have that can fly 10 the moon.
The campaign the favored contrac-
tore can put up TO. stop him will keep
his life worried for q year or two in
irving 10 make this desira BILE change