New-York tribune., 1922-08-17
ONalley Must
Testify ON Fees,
Ruston Insists
Commissioner Won't Waive
Immunity Before Kings
Inquiry. but Prosecutor
Will Force Market Probe
hief Supervisor Ballxs
ssuG All POLITICAL 2 Says
Hylan Aid, Charging Re-
poriers With Bribe Offers

litkough the investigation into the
.sasgement Of the public markets, be-
.ss yesterday before the Kings County
Esand Jury by District Attorney Rus
{. vas temporarily adjourned after
twin j. o'Malley, Commissioner Of
g,,kets, aad Aloysius MalIoy. the chief
,sasryiser, refused to sign waivers of
;.,.,nnity. the hearing will be contin-
q fhis morning and 1t is believed
$, both officials will be called again.
The refusal Of the commissioner and
&, sssIstant to testify unless they
sere granted immunity from any Grim
-st DrasSeut;on came as a surprise.
h is understood the District Attorney
BNss found way to get around the
ass asstae5s de- After the adjournment Mr.
RpsEsf, made the following statement:
Experience has taught that the ends
81 Justice are best served by the Dis
trirt Attorney through a refusal to per-
ri, persons who may become involved
Is testify before the grand jury with
syt executing waiver of immunity.
snact recall any Investigation in
s.aoklyn in which public official has
re. before refused to sign waiver of
;snunity before testifying before the
srsnd jury. However, Commissioner
5Nsiley and Supervisor Malloy will be
4 sssmined By the grams jury, but that
,su,;nation will not~be such as 10
mt them immunity. Immunity will
! granted nobody. There will be no
ssite washing of facts, no matter how
ssy develop. This investigation will
] thorough no matter whom if hits and
hat condition it exposes. Judgment
Z these facts will be passed by the
usad jury, for that duty rests with its
senbers."
Both Men Show Agitation
Neither the Commissioner nor the
rpery;sor was in the grand jury room
:sr more than two or three minutes.
Ehen they emerged they appeared
4 s,newhat agitated. They refused TO
rake any statement. Immediately
,..syward the jury adjourned without
xlllng any other witnesses.
Commissioner O'Maliey was voluble,
s5seyer, in the twenty minutes which
mssed before he entered the jury room
q nd freely answered all questions put
4 Is him. Among other things he made
Il lie following statement:
B Exporters for The World and The
4 Tribune have been working for fifteen
lsgs trying to bribe market super
81 ylscrs. Some of them left their boards
b nov for ten days, hired pusheart
u ,ai npersonated Jewish or Italian
# ,sider. then offered supervisors as
tss as $40 bribes. | got this stuff
6 arSrht from a reporter from The
# IYssne in the presence of two wit
81 assses.S
# ATribune reporter, Jay Racusin, did,
s i. readers of this paper know, imper-
81 sassts peddler on the East Side. but
81 tie osher statements attributed to him
# 5y The Commissioner were never made. \
u VI, gsseugin will make affdayis~to /
b fAis eject al any time the Commission
b nquires 1t.
b sfhs newspaper are full Of innuen-
B does. imputstions and suggestions, the
4 .anmissioner continued, "but they
haven't got any real facts. This stuff
all political. They are trying to
assredit the administration.
B What makes you think that this in
Fsstigation is nothing but politics p he
MS asked.
4 0Malley Suspects Politics
3 1 suspect its political on informa
san l have, Mr.. o'Malley replied.
What have done? There can be
e. ether reason why they have me
ETer here. If have committed some
Ehnical error that a retinue of law
mrs can dig out, then it looks as if
man is safe in public Office
Asked why ne refused to sign the
mEer Of immunity, the Commissioner
XRld that he was not lawyer.
"A am not going to waive any of my
Sastitutionai rights" he said. 81 am
srfectly satisfied that an investiga-
Il aan should be made into my conduct
8a my Office, for | have nothing 10
#sar. Everything that I have done
as been under the instructions of the
x5orporation CounsePs office, and I will |
tand on my record"
Us it true that s2s0,ooo a year is
due amount collected in fees from the
HsssIacart peddlers 2" he was asked.
ihat IS approximately the amount"