New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-03-28

ntegratei and punished Shea Is no part a a E
to suffer. the administration Of justice Will De nower
10 prevent it will be held accountable either for
want Of integrity or competency: .,,a, ,o ask
Your Exceency to put the prosecution 81 rneye
crimes absolutely in he al, HAMS dSo 1i 1S
The IN has tS arisen in this
cownfy In The TO memorandsm filed ny the Governor
with his approval OF the act I'm question the Io'-
Instances occasionally happen wherc there ,b is
no evasion or neglect of duty on the part OF ei hme
Dstrct-Attorncy. no NEUTRALITY-SUSPICIOUS. OF om Iioo
but where by reason OF personal or local coinp ,.
lions the necessity OF thqroueh anu V Gssnn
should supersede the Dlstrlct-Attorney Such cases
These are precisely the conditions which exist in
this community today And we respectfuly SUP, SUP
existence, inasrnuch as on the third day after eec
pistr,n Httnrnev to retire from the invesgation
and prosecution of these crimes ana reguestei Two
ton.
a CONDITION NULIIFYING THE LAW.
When therefore, Your Excellency proposes TO in
woke this extraordinary power. we think that such
proposal Is in itself complete admission that the
necessities of the case demand that the local au-
thorties should be superseded. But the Governors
proposition to invoke the statute was upon the eN-
press condition that the Attorney Generai shouiu
his deputies for the purpose Of the proceeGnGsS
This condition, II insisted upon, would PLAINLY hui-
Mr. Pagan would be no more acceptable as
Deputy Acknowledgment than as an Ass'st a1
plicatons' which might fairly be expected to EN-
vestigation which the present exigency demands
would operate alike whether he is called ASST
ant Distrct-Attorney' or Deputy Attorney-ueh-
eral."
In conclusion, we cannot but believe that upon re,
Election Your Excellency will acknowledge ths force
of suggestions which perhaps nave not nd in
alone as we believe by an earnest desire for fair.
which il unpublished must constitute a terrible
to all free %f be- directed to to
assume fun charge of the investigation and prose-
s ,Gn of sSsR crimes pnWb by GEES
Chairman Of the Committee Of Public o saiety;
of Public Safety. held at Troy, n r. on the 2d
day OF March III tRe BH(ER Secretary
GOVERNOR FLOWER ANSWERS THE COMMITTEE.
Governor Flower this afternoon sent his answer
to the request of the Committee of Safety. After
reviewing the circumstances of the applications
made to the Governor by the committee. the
communication continues:
thereupon determined 10 comply with the com
mittee's request and to require the Attorney-Gen-
erai to appear in the prosecutions upon one con
djtion namely, that of the deputies 10 De ap-
pointed by him should be the present Assistant
N.Y. Fagan MY Tyas %eTe iG hes
First kneT from the tesmonS o,bar
Pagan was an honest and competent lawyer. ana
Messrs. Van Santvoord ana BLACK eXpresse9 70
me their preference that Mr.. Pagan should he
associated with them IN tne RrosefevS with M
Pagan of his perfect honesty of purpose in TINS
matter.
Dstrct-Attorney's office in these prosecutions
representing the constitutional machinery estao
lished for criminal prosecutions-and # there were
no reflections on his integrity or ability he oush;
in justice to himself and his office TO have a
voice in the prosecution.
AN ALLEGED CONSTITUTIONAL OBJECTION.
Third-A constitutional question has been raised
regarding that provision Of the law by which the
designation of the Auorney-General operates as an
absolute exclusion Of the Distrct-Attorney or his
representative from all part in the prosecution
including appearance before the Grand Jury. The
existence Of such doubt made 1t almost essential
in the interest Of thorough prosecution that the |
Assistant District-Attorney be made one OF the |
Fourth-If there any political considera
ton in connection with the prosecutions the APP
ana %sn ssnsyoord wouid fspTsssns al phases
insure an honest prosecution II would give 10
Justice for any poea the of
Inc Attorney-Generdl refused to-appoint Mr.. Fla,
gan, after consultation with political friends and
now YOU ask me to turn the prosecutions over 70
him without attaching the condition OF Mr.. Fagans
do both for the reasons stated above and for the
further reason that during the Coroners inqpest
trict-Attorney Mr.. Pagan, has performed his Off |
CA duty In manner to elicit praise from al honest
tions merely upon the vague suspicious and I'M |
manly innuendoes of your communication would not |
only be an unworthy reflection upon honest effort
Of public officer to do right but ii wOulu dis !
courage official responsibility everywhere.
REFUSES TO HURT MR. FAGAN's FEELINGS
Until these election crimes were brought to my |
attention never knew or heard of Mr.. Pagan. but |
have inquired into his record have talked with
him personally, and he has borne himself in such a
manly. able manner in this emergency that would |
be untrue to myself untrue him and untrue to |
every faithful public officer in this State If per-
mitted him to be set aside and disgraced for no |
better reasons than those presented in your
Is encouraged In his disposition and apparent effort
to discharge every official obligation honestly and |
tions unsupported by facts and bearing on their
face the evidence of political enmiiy
TRYING TO SHIFT THE RESPONSIBILITY
Your letter contains many statements which, If |
true reveal a sad state of affairs in your city and
for which, If true. deplorable as they may be. you
yourselves primarily responsible. Under our
system OF local government the people choose their
public officers. If bad put in Office the peo-
pie responsible. Fortunately the law furnishes
ready remedies-removal Of unworthy officials and
vague insinuations against the Observation-Disclosures
office susceptible of proof. file charges and proof
with me and you will find me as earnest in secur-
Ing a good administration Of the office you can
possibly be- With respect remain very truly
yours. ROSWELL T. FLOWER
TO GIVE THE MAYOR POWER OF REMOVAL
UNSUCCESSFUL EFFORTS TO RECoMMIT MR..
sHEFFIELD's BILL RELATING TO NETWORK.
Albany, March q (SpeciaD.-There was a long
and heated discussion in the Assembly this
Ing on the BIZ introduced time ago by Mr..
Sheffield. of NewYork which authorizes any future
Mayor q New-York. within thirty days after TAX