The New York herald., 1922-08-17
.O'MALLEY REFUSES
TO WAIVE IMMUNITY
Market Inquiry by Kings
Grand Jury Halts When NAL
10y Acts Likewise.
ALL is LAID TO POLITICS
Commissioner Declares No
Facts Back Innuendo and
ImputatiOns.

The Kings County Grand Jury inves-
tgation into the system under which
supervisors OF the Department of Public
Markets work. came TO sudden stop
yesterday morning when Commissioner
OMalley and Aloysius G. sTa'loy, sup
as witnesses by District Attorney Rus
ton. refused to waive immunity. They
had been In the Grand Jury room only
a few minutes when they emerged again
displaying some feeling.
Il am mot going to waive any OF my
constitutional rights explained Mr..
O'Malley. Il am perfectly satisfied to
have thorough investigation made into
the conduct OF my office, for l have
nothing to fear. Everything that I've
done has been done under the instruc-
tons of the Corporation Counsers Of
Ace. l have been told tha. .his inves-
tigation is solely political in its purpose.
Still. / have no complaint to make
against the District Attorney
The Grand Jury adjourned soon after
the two men left, no other witnesses
being heard. Sessions Nlll be resumed
to-day, when District Attorney Ruston
will try TO have the testimony cf O'Mal-
ley and Malloy placed before the bo ly
without the 'yranting Of immunity.
Against His Policy, Says Ruston.
1T has always been the policy os this
Office said Mr. Ruston afterward. ito
refuse to permit persons to testify be-
fore the Grand Jury VINO may be in
Syolved in an investigation without first
requirns them to execute waivers Of
immunity. SO far as I'recall this is the
first time u public official has refused to
sign waiver OF Immunity In this coun-
ty."
Mr.. O'Malley answered reporters
question with the statement that about
$500. 300 Is collected n yea. in fees from
push cart peddlers throughout tho city
by supervisors.
AS you have said that about month
ago payments began % be made into
the Sinking Fund.- he was asked. ian
YOU say how much has been paid TO
date?" Il cannot now was the repiy.
I haven't the books with me-"
What has become Of the money paid
by pcddlers before raturrs were mad
to the Sinking Fund"
Il. has been consurasl in putting the
unemployed to work. We don. charge
every one. When we find a peddler is
poor. we don't collect any fee"
Mr.. O'Malley explained that early IN
July an ordinance passed providing that
money collected from peddlers should
| q fn artr nf nf arly. -
10 meet the expense of supervision and
| that the balance should be paid inta
the Sinking Fund. This. he said, had
| been DONE
Denies Aldermen Control Jobs.
rs it true that aldermen have got
positions for their friends as supervis-
ors?" NO." he replied.
How have the supervisors been se-
lected?"
I'VE accepted the markets as W.
found them." he said. I'm some i,,-
| stances the same supervisors have been
doing the same work for the last fifteen
| years without supervision
In conclusion, Mr.. O'Malley said
The newspapers are full of innuendo
imputations and suggestions but they
haven't got any real facts. This stuff
- all poHticdi. Iney are Trying p
discredit the administration. If man
in my department is crooked I'm no.
responsible until find him out and thcE
i fire him. have already fired seven
men In my department l have caugh,
! grating.
How about conditions in the push
\ cart markets before they came under
the supervision OF the Department OF
Public Markets. Nobody ever said any.
thing about the storeleeper who col.
lected as high as $35 n week from the
reddler with cart in front OF his store
| Then the gangster and the gunman al
ways got his cut from the lpeddlers
Why the gangsters alone collected morS
money than all our supervisors put tc
! y.tbaru