The New York herald., 1922-10-29
DAY MUST ANSWER
CONTEMPT CHARGE
State Dry Director to Ex-
plain Why He Withheld
His Firms Books.
HEARING WEDNESDAY
Denies He or Company Had
Any Connection With
Liquor Profiteers.
WANTS RIGHTS SECURE
Official Ayers All His Records
Heretofore Were Open to
the Authorities.
WANTS RIGHTS SECURE

State, will appear Wednesday morn
Ing at IL o'clock before Judge Rufus
Foster in United States District Court
to show cause why he should not be
held in contempt for refusal to pro-
duce the books Of r. A. Day & Co.,
cloak and suit manufacturers. for per-
usal by the Grand Jury investigating
alleged Irregularities among persons
connected with the prohibition en-
forcement department.
Because he has ian important busi-
ness engagement In New Haven" on
Monday Mr.. Days appearance before
Judge Foster. was postponed until
Wednesday.
THE purport Of the printed matter
with respect to the action of the Fed
eral Grand Jury" said Mr.. Day yes
terday. ''is extremely misleading.
During my encumbency I have stood
for rigid enforcement, but always by
strictly legal mems. Ny problem has
been tremendous. There have been
occasions when / might have adopted
strong arm methods, but I believe
that respect of the law comes only
from the use Of lawful means, how
ever difficult the problem or however
strong the opposition.
Explains Liquor Theft.
ANY one having the. slightest famil-
iarity with the 5.1O0 cases of liquor re-
leased from the customs warehouses on
forged customs papers at a time when
the prohibition department had no con-
troi Whatever over customs bonded
warehouses will know that not only I
had nothing to do with the theft, but
was the chief moving cause for its in
terruption and for bringing to justice
the offenders. AS soon as advised of the
Illegal withdrawal of theft of this
whisky from customs bonded ware
houses Immediately directed that every
custom bonded warehouse In New York
be covered by prohibition agents and
that a strict investigation be made of
every release or transfer of liquor
from customs warehouses. AS soon as
i. In the performance of my duties, dis
covered what had occurred l went post
haste to Washington and saw Secretary
Mellon, who, after my explanation as to
conditions surrounding customs bonded
warehouses, directed that all Withdraw
ais and transfers of kquor in customs
warehouses be approved by the Federal
Prohibition Directors office before they
are released. The proof of my enforce
ment is that no repetition of this episode
has occurred since.
During the last months have been
every effort toward ferreting out the
transaction and have lent every assist
ance to the United States Attorney, who
has done great job with the assistance
Of Division Chief John d. Appleby.
Stands ON His Rights.
During the last months have been
in active cooperation with the United
States Attorneys office. have ex-
planned in detail all these facts and have
furnished every assistance in my power.
AS result of my cooperation some of
the offenders have been indicted and
others are under investigation. Unfor-
tunately some Of these people in an
effort to avert suspicion and to involve
| innocent parties have made charges and
accusations unfounded in fact. Neither
nor r. A. Day & Co. have had
| the slightest connection at any time or
In any way, directly or indirectly, with
any of these people who have been en-
gagged in breaking the law or making
| profit Illegally.
"My present legal difficulties merely
involve the question of the proper legal
procedure. Il is stated in the morning
press that ! am wilfully Withholding
| from the Grand Jury the books and
| papers of my company. All my books
and papers have heretofore been freely
open to the District Attorney and, in
deed Assistant United States Attorney
| John Holley Clark, Jr., has in person,
at my request and with my assistance,
inspected them. No scrap of informa-
| ton has been withheld, nor Is there any
desire or design on my part at this time
| to withhold anything but l must insist
that the investigation now proceed along
orderly and proper lines. and / propose
in the future to avail nsyself of all my
| legal and constitutional rights The
paper served on me Friday was, as
am informed, without any legal justifi-
cation and is wholly improper under the
Flaw. 1t Is my desire to have the court
make ruling on the subject which
can legally obey and with which l will
instantly comply.
'"The Prohibition Department under
my control. has been thoroughly invesfi-
gated by Mr.. Clark in person. How
ever, do not wish the public to be mis-
led as TO my activities in running down
the offenders and In bringing the guilty
parties to Justice. Fortunately. my su-
pcrlors in Washington are and have
been giving me their fullest support.
They are all fully aware of what l
have done and what ] am doing. have
received commentator from them IN
the highest terms. including Commis-
sioner Haynes himself"
Day Had Ample Notice.
Regarding Mr.. Days statement, Mr..
Clark said:
Mr.. Day last August told Mr.. Hay
ward, United States Attorney, and N.Y.
self that he and his books were at our
service at any time. A week ago
tried to get In touch with Mr.. Day His
secretary told me Day was out of town.
l got into communication with him on
Monday and told him to como down to
testify personally and TO send his book
keeper with the books. He replied that
IL would be all right On Tuesday he
called me up and said he had important
business for that day and asked that
the examination be put over until We'd
nesday
II reluctantly consented to this and
again reminded Day wanted him and
the books. Wednesday Day met me in
the hall OF the Federal Building and