The New York herald. [volume] (New York, N.Y.) 1920-1924, 1922-07-14
Does City Let Somebody Steal
Money? Cropsey Asks at
Peddler Hearing.
MAN HIGHER UP LIMITED
Plea to Enjoin Turning Over
100000 From Street Mer-
chants Is Held Up.

The troubles of the pushcart ped
dlers in Williamsburg are to have the
official attention of District Attorney
Ruston of Kings county. At the re-
quest of Nathan Finkelstein. president
Of the United Citizen Peddlers Asso-
citation of Williamsburg, and Finkel-
STEMS lawyer, Charles III. Levy, 80
Court street, Brooklyn. Mr.. Rustou
will investigate the activities Of the
supervisors and assistant supervisors
of the pushcart markets organized un-
der the direction Of Edwin J. OMalley.
Commissioner OF Public Markets
This became known yesterday after
Levy appeared before Supreme Court
Justice, Crdpsey on behalf Of Morris
Singer, 1877 Moore street. Brooklyn. and
asked that the court grant a. tenn
porary injunction restraining OMalley
from disposing of permit funds coll
lected from the peddlers in any other
way except to turn it over to the citys
sinking fund.
w. B. Wilson. Assistant Corporation
Counsel, opposed the petition. saying
that the ordinance passed by the Board
of Aldermen June 81 made 1t clear that
the funds thus collected by Commits
sioner O'Malley's men were to be used
to defray the expenses Of maintaining
open public markets for pushcart pro-
visioners.
Sinking Fund Gets What's Left.
Whatever remains after that said
Mr.. Wilson. goes into the sinking fund
to help discharge the city's Indebtedness.
The ordinance Is clear"
Commissioner O'Malley says that he
expects to collect about 100000 from
the pushcart vendors Of produce during
the municipal year and looks to see 10
per cent. of that sum go into the sinking
fund. Levy says that the peddlers in
the open air markets would pay between
$500. 900 and 100000 year at 81 a
week pushcart and So for horse dawn
vehicle.
Charles Silver. acting as supervisor
of the Department Of Public Markets, Is
in charge Of the collection of these fees"
said Levy to Justice Cropsey. Il can
find no evidence that any OF this money
1t has gone into individual pockets"
In his office Levy said that he had
no evidence that any person associated
with the Department of Public Markets
had Incorporated funds
Again the "Man Higher Up."
However" he said. I'VE have reason
to believe that man Of considerable
wealth is becoming more affluent by
reason Of this system. but said nothing
about that in court, as District Attorney
Ruston is investigating 1t and am not
In a position to talk about that now"
We'll, what does the city do about all
this?" demanded Justice Cropsey. Does
II let somebody steal the money!
We'll. II amounts to more than half
a million dollars" replied Levy. and not
one cent is turned over to the city"
That's nice plum for somebody"
observed the Justice.
Mr.. Wilson here quoted the ordinance
introduced in the Board OF Aldermen
June 81 by Alderman Moritz Graubard),
saying that the expenses of administer
ing the conduct of the markets was TO
be deducted from such income before any
money was turned over to the sinking
fund.
WELL" observed Justice Cropsey. II
suppose there won't be any left"
The Justice reserved decision, but said
that he was inclined to doubt his power
TO issue the injunction. as he could make
no criticism of the legality of collect
ing the fee.
Levy explained to the reporter of THE
New YORK HERALD that his clients. the
United Citizen Peddier Association OF
Williamsburg had mot paid the 81 a
week a pushcart and So q horse vehicle
since Supreme Court Justice Faber re-
ceived the application for the temporary
Injunction on June g. Finkelstein de-
clared that on one collection day in Will
iamsburg the supervisors collected $500
In fees.
There are two collectors in the Moore
street market" said Finkelstein. One.
the supervisor. gets $50 a week. His
assistant gets s35 From the Moore
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