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Show j J , j THE NYE LIBEL SUIT. B I Hf If f The new farce comedy entitled "The Nye Hf j ' Criminal Libel Suit," in which Councilman Pern- H j . stfom and Cottrell will be co-stars with the city f j i attorney, will be enacted next Monday before !: l j i the tripod of the city justice. It seems prob- ! able now that the judge will have the curtain j rung down before the acrobats have had time 1 I to finish the first act. ; The contention of Mr. Nye will be that the ! ' original resolution of the council on the matter ; J j rf involved called for an investigation of the flnan- i j cial records of the various departments; that I I ! the committee report, based on the resolution, ! ' ' and signed by Cottrell and Fernstrom, stated ' ' ! that the only irregularity reported was in the I ' cemetery and city attorney's departments, and that the latter division of the city government 1 was under investigation by the grand jury. Nye j f? v will try to convince the judge that this was a H ji j reflection on his integrity as city attorney and B if ( an intimation that there was something askew B I with his financial accounts. H I , Fernstrom will contend, in reply, that com- H I plaints had been made regarding the criminal H I ; : , conduct of the office and the failure to prosecute H I " cases affecting the collection of the city's rev- B I enues. He will maintain further that the com- H I : mittee, knowing of these complaints and being H , ! advised of the fact that Assistant City Attorney H J a Schulder and other witnesses had been summoned H I 1 ' before the grand jury in regard to the assist- H ' I ant's official conduct, was justified in reporting H "I i the fact of the investigation to the council. Mr. ! ' Fernstrom will also say that it was fair to pre- , sume that if the grand jury was investigating the matter, it was unnecessary for the council H ';-) to take a hand in the melee. H ' j Another item that will probably knock a few M ' panels out of Mr. Nye's case is the fact that Schulder's name was published in the grand jury's report as one of the witnesses they had examined. exam-ined. And further, Mr. Schulder's withdrawal from the Cohen case, his connection with which was the basis of the complaint of Arthur Pratt and others to the grand jury, makes it difficult to see how Mr. Nye can make even the semblance of a case in this farcical proceeding. |