New-York tribune., 1922-08-27
Mayor, Replying TO Request
for Seizure of O'Malley
Books, Hints Feathering
of His Political Nest
Mind Business Attitude
Kings Prosecutor Is Told
City Officials Can and
Will Handle Own Affairs

Kings County, In which Mr.. Ruseon
urged Immediate seizure of all records
in the Department of Markets, recon-
mended an immediate investigation OF
the department and indicated belief
that failure to take prompt action in
irnpouHding the documents might result
In tampering with them.
The Mayor questions the good faith
of Mr.. Ruston, referring to his de-
mands as Suspicious" and charging
him with having delayed the investiga-
tion planned by Commissioner of Ac-
counts Hirshfield. and in general effect
tells the District Attorney to mind his
own business.
Mayor HyIan's Reply
The Mayors answer to Mr.. Ruston's
letter reads:
eYour letter Of August "a. 1922, in
reference to pushcart peddlers markets,
has been brought by my secretary TO
my attention while on few days va
cation. Your sudden feverish anxiety
on this matter Is very suspicious. You
have been pottering around with this
subject for over two months and sud-
denly burst into print when you learn
that am to be away from the city for
q day or two, although much OF these
two months you have been sojourning
in New Hampshire and Long Island.
"You ask that records OF the De-
partment of Markets be taken posses
Eion of at once. The duly authorized
officials Of the city have possession of
them and they are where they ought
to be, in so far as they are required
to be kept by law. You ask particu-
larry with reference to counties other
than the County of Kings. You may
we'll confne your political activities
on this subject to the County Of Kings
and leave it to the officials of counties
outside your jurisdiction to do their
duty without suggestion from you.
ITO be sure they are not, like you,
engaged in canvass for reelection
and hence are not properly chargeable
with prostituting the process Of the
grand jury to political purposes, and
ere not chargeable with permitting
grand jury evidence to be leaked from
the grand jury room to certain news
papers in violation of Sections 1882
and 1888 of the penal law. The evil
dence of this is at your hand and it
may be the person or persons guilty
are within your immediate reach. You
need no aid on this other than the
usa Of your own faculties
Profiteers Adversely Affected
9I am firm in the belief that the
grand jury Of Kings County will not
permit you to use them as an instru-
ment for political propaganda in your
interest or in the interest of food
profteers who are adversely affected
by the existence Of pushcart open air
prices in the poorer sections OF the
city, or in the interest of their trac-
tion sympathizers, newspaper and
otherwise.
"You we'll know that the system In
vogue is a makeshift system, tempor-
arily in existence for the purpose OF
accomplishing their object in advance
Of their being put on a permanent
basis. The delay in putting them on
q permanent basis arises, as you well
Know, from the fact that the tax limit
had to be observed last year in max
ing UP the budget and for that reason
new activities were excluded from it.
The fact that the Meyer committee,
after twelve months sloughing around
in the same material on which YOU
nave been busying yourself for the
past two months, were unable to es-
tabish any violation of law in the
pnshcart markets is of itself suffi-
cient evidence that no such violation
can be established that would with
stand analysis by an impartial Judge
Even the malevolent ingenuity of the
Meyer committee could not devise
even technical or far-fetched viola
tlon OF law in the premises upon
which to hang criminal charge long
enough to last over election.
viii Tolerate No Corruption
''You we'll know that no real corrup
zion will be tolerated by me in this or
any other department. You know that
alteration of records would furnish an
easier basis for a prosecution than
would any act of omission the records
themselves IN an unaltered state might
tend to prove. No one in any of the
departments viii dare to do other than
MAINTAIN the records required to he
kept by law in their proper conditions.
reachable by subpoena, under propcr
auspices, especially since the Commits
sioHer OF Accounts under direction
gwen MIN months ago has been in con-
1sct with and had control over all
gnese records IN counties other than
hlngs. Your request is consequently
unnecessary and months too late
You have had access to eyerythinr
IN the Department of Markets. You
nave used your two months meander-
ing IN the Market Department as q
means of delaying investigation bv
the Commissioner of Accounts. Now
after waiting all this time for politico,
purposes, You impiore me, to use von,.
own. language, to instigate real in
resflgation, through the Commissioner
1he implication involved in your lar.
guage is correct with respect to vonr-
seif--that real investigation, cannot
oe made by you. The best that could
result would be what you have already
giyen--a political investigation with
pubic announcements as its product
0bstructing Activities
In good time these markets will r.
pat on personal basis. Such unwise
methods as may have crept into the
temporary organization will be recti-
fed as result Of cooperation by the
commissioner of accounts with tbe
Market Department and the Law De-
partnent of the city. This will be
hastened by your completing your in
vestigation so that it cannot be falsely
said any of these officials are obstruct-
ing your activities
Commissioner Hirschfela's summons
requiring w. l.. Hundertmark. secre
tary of the New York Market Garden
erss Association, to appear before him
for examination, which the commits
apunstrsaJ Lo.1 l.,.-.