The New York herald., 1922-11-02

Clarence J. Shearn yesterday
F. w. Frankenberg, head of the We
by "Tom" O'Neil, Bronx undershe
said the route was being operated
$4,000, a profit of "apProximatel,
Il will say the same thing on the
stand"
but you will have to say it in Ian
guage acceptable to the commission,
suggested the chairman.
Having signed the immunity waiver
Mr.. Whalen was sworn and took the
stand. The next clash occurred when
the examiner asked him: Where do
you live?" and the witness replied /:
"43 Fifth avenue"
when did you move up to Fifth
avenue?" asked Mr.. Shearn.
"Why, that's none of your business,
hut l moved up there somewhere
in 1918"
The examination began with a long
interrogatory concerning the organi-
zation of the Whalen bus department
and touching upon the investigation 4
made by Assistant Corporation Coun-
sci Fertig into alleged grating, which
had resulted in the indictment of one
of his inspectors Wyman, and the ex-
oneration of others whom lie had sus-
pended temporarily. One of the latter
was Frederick Richter, his present
confidential examiner" now acting as
chief supervisor in the bus service.
Mr.. Whalen said he greatly regretted
having suspended Richter. as he now
realized he had done the man an in
justice.
Denies Graft Charges.
"Mr. Richter Is actively engaged in
politics. isn't he?" asked Mr.. Shearn
so were you" retorted the witness
before you went on the bench.
Never mind that" retorted the in
quisitor 'I was engaged in decent
politics." He continued: Didn't you
undertake to ascertain at that time.
when you found proof positive that
there was graft in your office. whether
Richter or Bob Donafroi, the other sus-
pended man. ere guilty?"
II resent the question, Judge: there
was no graft in my office.
well. what did Wyman plead guilty
to?"
"A temporary supervisor-let us get
this straight now-don't say in my
office
II am not making any point whether
ne IS INSIDE or OUTSIDE your Office. lie
Is responsible to you"
"Yes. you will. because I have 5000
men. who are not all in my office.
though have them in my department"
But we are interested at the present
moment in tho bus business"
80 / notice.
"Well. il seems 20 be apparent"
Commenting upon Assistant Corpora
tion Counsel Fercig's investigation.
undertaken at Mr.. Whalen's request.
Mr.. Shearn inquired. He is a very able
lawyer is he not?"
II should say he was as able as YOU"
came the reply
Well" wen. on the examiner, 1--WE
have been able here 20 discover a great
many cases OF graft. Why do you
suppose he was not able tor
You have not been able to discover
any cases of graft"
You heard this testimony here this
afternoon, part of it. did your
Wasn't at all interested in It; not at
ALL" yawned Commissioner Whalen.
"You would not be interested In testl-
mony that showed that the under sheriff
of The Bronx and Tammany district
leader had come down and got a bus
permit from you and got it in the name
of this Mr. Frankenberg, and that then
he. Mr.. O'Neil. and the Arthur Murphy
estate were dividing up the profits OF
the business?"
II am not at all interested in testi-
mony of a political propaganda" the
witness replied languidly.
but that. you see. is a fact because
the checks are here in evidence"
mot at all interested. so long as they
render service to the people,"
who rendered service, O'Neil and the
Murphy estate?"
"T don't know thing about that: I
am talking about the company that got
the permit"
That does not interest you at ALP
mot bit not the slightest"
THAT there Is a permit up there in
the name OF a dummy ?"
mot the slightest" reiterated the
Commissioner
Aren't you interested in the dis
closure that O'Nell and the Murphy es-
tate. whatever that may be, are getting
more than 100 per cent. profit on the
investment out Of 20 cent fare on a
permit they obtained from your
mot at all. DO not see how it is
going to solve the transit question. ]
don't want to take up your time on
that"
Swinging the examination to con-
siucration OF the personnel or the Hylan
bus chauffeurs and their financial ire
sponsibillty, Mr.. Shearn said: You
know that one after another OF them
has come in here and admitted that
he was absolutely execution proof. and
that II there were any substantial tudg-
ments against him for injuries inflicted
IN would be worthless. Isn't that your
impression of the bulk OF these people
outside, Of course, OF the Eighty sixth
street line?"
II would hate to give~you my i'm
preston of the system. Mr.. Shearn. II
has been continued in operation because
OF the failure Of Gov. Miller and his
various Legislatures to give us the re-
lief we sought I'm the way of municipal
ownership and operation. j do not APP
prove of this system never did"
What you. want is the opportunity
60 take part in spending s25.O0o.OOo for
huses?"
What | want is opportunity Of serv-
ing the people and not the railroad king.
II would be very much better to have
the public officials do II than have II
done In the manner In which Il Is
done to-day
The witness said he did not know
q