New-York tribune., 1922-09-12
"a Collectors
L face 100000
Market Suits
Attorneys for HE Pue1cart
Peddlers Say They Can
BE Sued for Years Fees
Under C.ropsey Decision
Criminal Action Is Likely
O'Malley Declared Liable as
Well for Illegal Appro-
priaiion of City Money
BY Nj. Jay Racusin

The fifty7four supervisors Of street
markets., who are aaid to have collect
cd xaore than $509,go0 In fees from
pushcart peddiers within the last year,
are facing suits for the return Of this
money to the city treasury.
Counsel for the venders pointed out
yesterday that, inasmuch as Justice
CYopsey's decision held that the reten-
ton Of these moneys by supervisors
scr their salaries and Expenses" was
clearly against the law. they expected
the proper city authority TO start i'm
mediate action to recover the fail
amount of the fees collected over the
entire year.
They also assert that. as custodian
Of the sinking fund TO which. under
the law, all these pushcart ees should
have gone, City Chamberlain Beroiz-
heirner should at once take the acc
essary steps TO coInpei the supervisors
20 give up the money. In addition,
they point out. there is no reason why
the City Chamberlain should not now
demand full accounting Of the fees
collected, so that complete check on
al moneys. received by supervisors
may be had.
Criminal Action Considered
1t was learned also that the District
Attorneys Office Of Brooklyn is CON
gidering bringing criminal action
against the Brooklyn supervisors, spe-
cifically affected by Justice Cropsey's
decision. for the illegal appropriation
of city moneys Inasmuch as these
Commissioner Edwin j. O'Malley, it
was said there was a possibility of the
latter being prosecuted.
1t appears that the Manhattan super
visors stand pat and assert the right
TO collect fees and continue to gather
the weekly 81 from the peddlers on
the East Side, on the assumption, no
doubt, that the injunction referred
only to the two Brooklyn markets tina,
brought 4he action. At these two
places, the Bushwick and Manhattan
markets, the supervisors did not turn
up and the peddlers did not have to
pay. About 500 venders were thus
saved the burden of contributing to
the salaries Of couple Of supervisors
and their assistants.
1t was apparent that the supervisors
in the other markets were going to
hold on to their jobs Sor a few days
more at least until something definite
was decided upon by Commissioner
O'Mally and some arrangement made
for the payment of their wages, if
possible. 1t was the general opinion,
;lowever, that as no provisions for
their wages has been made by the
Board of Estimate and Apportionment,
the men gradually would desert their
jobs.
Hirschfeld Comments
This was the belief of Charles Fl.
Levy, counsel for the Brooklyn ped
diers, and Solomon Suffrin, the lawyer
for the Manhattan group of battling
venders.
Pending some move by Markets Com
missioner 0'Malley, Commissioner of
Accounts Hirschfield issued the follow
ing comment on Justice Cropseys in
junction decision:
'ln5pnctions have become a fad with
certain reactionary judges, attorney
generals and corporation representa-
tives. In fact, we are in the midst of
an era of injunctions, and government
OF, by and for the temporarily,
let US hope-has been supplanted by
government of judges by injunctions
ALSO, in the olden days, judges sub.
mitted to criticism just as other pub
lie officials. Nowadays, and in the case
of Controller Craig, it is contempt OF
court to criticise Judge. Were | to
state my opinion of Judge Cropsey's in.
junction decision | would be surely ex.
pressing contempt and am not ready
to 90 to jail for expressing my opin.
ion.
MIR Justice Cropsey has time and
again criticised the Hylan. administra