The New York herald., 1922-08-26
HIRSHFIELD CITES
A$2S TEMPTATION
Sends Banton Testimony of
O'Malley Deputy Scorn-
inc the Bribe.
PERMITS ARE ALTERED
Peddlers Accused of Get
ting Privileges City Does
Not Authorize.
RUSTON TRAILS HYLAN
Sends Special Messenger to
Saratoga With Complaint
Farmers Protest.
RUsTON TRAILS HYLAN

David Hlrshfield.. Commissioner of
Accounts, made public yesterday tes-
timony taken in the markets investi-
cation showing that a pushcart ped
dler had attempted to bribe one of the
deputy commissioners in the Market
Department In an effort to evade build
ing regulations, and that changes had
been made on permits issued to ped
dlers after they had been officially
signed by Commissioner Edwin j.
O'Malley.
Jacob L. MendeI OF 1858 Forty first
street, Brooklyn, freely admitted hav-
ing handed an envelope containing
$25 to Deputy Commissioner Edward
"A. McShane of the Department of Pub
lie Markets while riding In one Of the
Municipal Building elevators. but he
denied having offered to pay or pay
ing any money to Edward p. Scanlon.
secretary of the Department OF Pub
lie Markets, who was mentioned in
the testimony as the man who changed
the marks on the permits.
The insertions on the permit gave
Mendel an additional stand that had
been denied to him by Commissioner
OMaliey and further permitted him to
enlarge his business and sell additional
commodities beyond those mentioned in
the original permit.
Summons a Reporter.
Mr.. Hirshfeld announced that he had
turned over the testimony to District
Attorney Banton with the recommends
tion that action be taken against any
person guilty of crime. The investiga-
tion was undertaken, Mr.. Hlrshfeld said.
at the instignation of Commissioner
O'Malley after the attempted bribc had
been reported by his deputy.
Mr. Hirshfleld also wrote letter to
the New York Tribune asking M. Jay
Racusin, an employee. to appear as
witness at the commissioners office on
Wednesday, August 3o to testify to
conditions observed In the public mar
kets on the East Side during an ifves-
tigaton conducted recently. The Com
missioner said he was familiar with
tho lot of the pushcart peddler" and
thought the statements OF Racusiri were
greatly exaggerated" or highly coll
ored."
District Attorney Ruston sent
special messenger TO Saratoga yester-
day 10 deliver to Mayor Hylan in
person the letter In which he sug-
gested that real investigation" OF
the market situation be instituted, and
recommended the immediate impotind-
ing of supervisors records In the De-
partment of Markets as q precaution
against possible manipulation of the
documents. This action was taken
after Acting Mayor Murray Hubert
declined to take any action In the
absence OF the Mayor. and the District
Attorney became convinced that It was
useless to expert any cooperation from
Commissioner Hirshfield after his
criticism of yesterday.
Farmers Ask Hearing.
The Commissioner OF Accounts will
have plenty of material available TO
show that the public markets of the
city have been turned over to food
speculators to the exclusion OF leglti-
mate truck farmers who are In n posi-
tion TO sell fresh vegetables direct to
the consumer, according to letter
sent to Mr.. Hirshheld yester day by
NJ r.. Ernest counsel for the New
has offered to produce affidavlts from
farmers describing conditions In the
market places.
''The testimony. in our Judgment, Will
clearly Indicate" writes Mr.. Ernst.
that there Is no adequate basis In law
for any licenses issued at present that
licenses are. being Issued to persons
other than farmers and market gar
Geners and that In no event are pre-
tab sttsr
FOR licenses. The present procedure In
our opinion. Is clearly In violation OF
the Code Of Ordinance.
I'VE ask that a date for the hearing
be set so as TO give us ample oppor-
tunlty TO have as witnesses a substan-
tial number Of the farmers who are now
endeavoring to use the market places oil
New York.
The Bribc omcr.
Jacob Mendel secured an extra stand
and Meyer Slutzky another redder,
was deprived Of his location by the sim
pie oxpedieht Of inserting stand num-
ber on one permit and erasihg the same
number on another after the permit had
been officially signed by Commissioner
OMalley, the testimony showed, IN
addition 20 giving the stand known as
mo. Q" TO Jacob Mendel tho altered
permit also showed that the word deli
catessen" had been inserted. although
the original permit had stipulated that
tho sales be confined TO butter and eggs.
Mr.. IIirshfield failed 10 obtain an adj
mossion from Mendcl that he had paid
Scanlon for these alleged substitutons
ar that he had reimbursed Slutsky for
the loss OF the stand. His testimony on
tlis point was as followsi
DO you mean to tell me-" inquired the
Commissioner, that Scanlon deliberate
w gave you an extra stand which you
we're not entitled 20 and changed your
permit just for nothing?'
II don't know whether he did IL Will
inely or unwlllingly. l got IT,"
Deputy Commissioners McShane de-
scribed the circumstances 0f the bribe
offered hy Jacob Mendel, ~ was on my
way home on Friday night at five min
utos TO fve.' said McShhir, "and was
rcrring on the elevator when Mendel eD-
preached and said. 'lters, Commissioner
read this letter. As I opened the en-
vplopa | could sec $40 bill and some
other papers didn't look any further
said: DO YOU know that YOU are liable
10 arrestf What did YOU intend 70 do
rribe n public oflcer?' He said; No. I
thought you could buy couple OF
cigars handed tho money back 10 him
and went down IN the elevator with him.
Then he went his way and went mine