The New York herald., 1921-02-20
UNKEPT PROMISES
OF BUILDING TRUST
ANGER UNTERMYER
Lawyer Wires From South
of. New Attack He Will
Make on Employers
OLD CHIEFS CONTROL
Secretary Donnolly mcurs
Wrath for Favoring Brin-
dell in Trial.
FOSTER SUES FOR 100000
Steel Combines Police Head
Asks Damages Of Lawyer
for Libel.
FOSTER SUES FOR 100000

The Building Trades Employers AS
sociation, with its thirty-two groups
Of employers, representing a capital
Investment of upward of s200,000,0OO.
is to be subjected to broadside at,
tack by Samuel Untermyer as soon as
the attorney can get the guns Of the
Lockwood committee working again.
simultaneously with the receipt of
this advice, which portends an invesu-
that heretofore undertaken by the
committee, Mr.. Untermyer was named
as defendant In q suit for 100000
damages begun in the United States
District Court by Capt. Robert j. Fos-
ter, head of the secret police Of the
National Erectors Association, the big
steel combine. Foster is under indict-
inent for his refusal to answer ques-
tons and produce records before the
Lockwood investigators.
Mr.. Untermyer's decision to direct the
full force of the inquiry against the
employers association Is said to have
been reached within the last few days
at Palm Beach, where the volunteer
counsel TO the Lockwood committee is
spending his winter vacation. He Is
understood to be greatly incensed over
the failure of the association to oust
certain individuals whose removal he
had demanded, and over the fact that
officers of the association are said to
have thrown down the gauntlet and to
have announced that they have no in
tention of making the changes which he
mas asked for.
Through telegraphic communications he
has advised his associates here that he
feels that members of the big employers
combine have failed to live up to prom
ises which they made to him and that
these promises were nothing more nor
less than bluffs.
objection Made tn Donnely.
The retention by the association OF
Samuel B. DonnelIy as paid secretary is
one of the main points of issue, because
Donnelly at the recent trial OF Robert
F. Brindeli, convicted labor cxar, gave
testimony which was generally stamped
as favorable to Brindell. 1t has been
testified that II was through his con-
tract with the Building Trades Employ
ers Association. which agreed TO hire
only his men. that Brindell obtained the
power to practise extortion.
The answer made by the officers of
the Building Trades Employers Associa-
tion TO Mr.. Untermyer's demand has
been merely that they do not intend to
oust perfectly competent secretary
timply because he gave testimony that
Mr.. Untermyer didn't like" Another
instance Is Otto Eidlitz, who remains a
dominating figure on the board or gov
ernors of the association, despite Mr..
Untermyer's demand for removal II
is probable that the public investigation
OF this body will begin as soon as pres
sure of legislative business slackens suf-
ficientiy to permit the Lockwood COM
mttee TO meet again.
Capt. Fosters suit against Mr.. Inter
nyer was commenced formally through
the Issuance Of a summons. The com
plant will be fled within a few days by
Austin. McLanahan & Merritt, attorneys.
ls5 Broadway. 1t is a libel action based
upon statements made by Mr.. Untermyer
in questioning the private detective AT
the committees hearing on December 16,
on which day the Investigators delved
deeply into the steel situation.
Quotes Defamatory Language.
The complaint charges that In Cant
Fosters examination Mr.. Untermyer. "in
the presence and hearing of divers per
sons. spoke of and concerning the plain
TIT, the defamatory words following
Fosters record. Appointed on the police
force OF the Isthmus of Panama. Later
discharged for drunkenness and trying
10 collect money from saloonkeepers and
gamblers subsequently obtained a post
ton with the material and supply de-
partment and was discharged on account
OF drunkenness. Took a position with
the Panama Railroad and Dock Company
and discharged and then made a living
singing around saloons. Took a position
as stoker on board ship. Foster was a
member OF the Louisville police force
from December. 1907. to November, 1909
and during that time was charged az
follows: February is, 1908, conduct un-
becoming an officer February 81. 1903.
conduct unbecoming an ofrlcer; April.
1905, conduct unbecoming an officer |.
May .. 1908, conduct unbecoming an Of
ncer; May IA, 1908. conduct unbecomiur
an officer"
The complaint states that all OF these
words were spoken In the presence
and hearing OF several hundred per-
sons and In the presence and hearing of
reporters and representatives OF vari-
Gus newspapers, with the intent and
purpose Of having said utterances wide-
iy published bv tho press"
II charges that the words were
spoken malIciously." and that the said
worus so uttered by defendant as afore-
said were wholly false" II further
charges that they were calculated to
AN: did hold the Plaintiff up TO public
distrust, ridicule and contempt" and
that the plaintiff was damaged s1oo. 600
Capt. Foster was Indicted by the Ex-
traordinary Housing Grand Jury on De-
cember 20 because OF his refusal to an
swer questions put TO him by Mr.. Un-
termyer or to produce his records. He
asserted that to reveal the workings or
his detective force would endanger tho
lives OF his men.