Evening star., 1923-11-29
CRAIG CASE GIVES
N. Y. POLITICS STIR
Chaos Threatens Controllers
Office if He Goes
to Jail.
Especial Dispa tch to The Star.

Especial Dispatch to The Star.
NEW YORK, November %. - The
stir created in this city by the decf-
sion of the United States Supreme
Court that City Controller Charles l..
Craig must serve sixty days in jail
for crticizing Federal Judge Julius
Nj. Mayer has unfortunately taken on
q decidedly political aspect, and this
famous case will figure in the future
campaigns of this state, with the add
ed prospect that its influence may De
felt throughout the country.
Contr1ler Craig is a democrat,
Judge Mayer is a republican, who
prior to his appointment to the bench
had been both prominent and exceed
ingly active in state politics.
The democrats are assailing the sem
fencing of Mr. Craig to prison for
contempt of court as blow at free
speech and freedom OF the press. The
republicans are replying that the con-
troller had an opportunity TO apol-
ogize to the court and thus purge
himself of the contempt. They also
are contending that Judge Mayer did
not find the contempt as a result OF
criticism of the court, but on account
of what he believed to be false state
ments made by the controller in the
course of his criticism.
Meantime the prospect looms OIL the
finances of the greatest city in Amer
p ica being administered from Jail IN
another state. Federal prisoners in
southern New York always are placed
in one of the neighboring Jersey
Jails. The Essex county nrlson at
Newark is yawning for Mr. Craig.
and he saws if his Imprisonment will
lead to some measure of reform IN
the future he will feel his confinement
has not been in vain.
Complicated by Death.
The unusual situation the city
faces today has been further compll-
lated by the death of Henry smith,
the deputy controller. Mr. smith
was chief aid to Mr.. Craig and much
of the work of the office was eX-
pccted to devolve upon him during
the enforced absence of the con
troller The deputy controller died
suddenly with a heart attack lie
had worried greatly about the ad-
verse court decision from Washing
ton. He and Mr.. Craig had long been
close friends and co-workers.
There is no question but that the
jailing of a city official who has been
Jealous in his public duties, and the
transporting of him to foreign
state on such a controversial charge
as contempt of court, has made
deep impression upon the people or
both the city and the state OF New
York.
The very fact that the United
States Supreme Court sought in vain
to find some way of ameliorat.nS the
situation has added to what is uIde-
niably a feeling or resentment. Inc
court, however, found thaT' due 70
certain legal technicalitieS, 1t could
not take jurisdiction aJ 10 the merits
of Controller Craig's case and there
fore must sustain the lower court.
Republican friends of Judge Mayer
pointed out today that the latter was
powerless himself to review his own
decision now that the highest court
in the land had approved II.
A prominent figure in the Craig
case is Lindley NJ. Garrison, VINO
served for a time as Secretary of War
under President Wilson. Mr.. Garri-
son is the receiver of the Brooklyn
Rapid Transit Company, and Mr..
craig says he is going to jail because
he asked that an additional receiver
lie appointed to represent the city of
New York, which had $l10,0OO,00O in
vestment III the B. r. I. Mr. Craig
made no criticism of Mr.. Garrison.
but regarded him as representing the
company interest, whereas he wanted
an additional receiver for the city,
who would serve without pay.
What gives a further political COM
plexion TO the whole affair is the TACT
that Mr.. Craig's criticism of the court
was contained in letter to Lewis
Nixon, at that time public service
commissioner and also one of the
most active men in the democratic
party in this state.
Situation Called M6nstrOus.
In the letter Mr.. Craig said:
1T seems to me q monStrouS thing
that an order of a federal judge in a
court of equity should stand between
the public and the truth under such
circumstances. Such an order is hos
tile to every interest of the city OF
New York in these controversies. Its
operation and effect is to disarm the
municipal authorities, to deny them
the most effective instrument of re
dress and to force them into a con-
test with corporate powers intrenched
in darkness and concealment.
The responsibility for the turmoil,
delay and dissatisfaction that has fol-
lowed the orders of Judge Mayer
denying the city of New York any
representation in these receiverships
rests upon those who procure and are
protected by such orders"
Lieut.. Gov. Lunn also has given
political twist to the controversy. In
addressing the Sphinx Club, made up
largely of newspaper publishers he
denounced the sentencing of Mr..
Craig, who, he said, had been guilty
of no crime. Then the lieutenant gov
ernor exclaimed:
when criticism dies, tyranny is