The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-11-17
FLOWERS mo" TO THE 70.
NO SPECIAL PROSECUTOR ron TO-
LICE AND ELECTION CASES.
Laeh or Coundenes In District Attorney
Fellow won't Do-Mu-t Get His Cor-
ssrt or Get His Remove on charge.
nthe Atoruey.Ge.erai IL 70 I.tervene.

Fellows won't Get His Con-
s.rt or Get His Removed on Charges
Ifths Acknowledgement Il TO I.tervere.
The Committee Of Seventy requested Gov.
Flower yesterday to require Attorney-General
Hancock or one Of his deputies TO attend the
Court Of oyer and Terminer to be held in this
county next month, appear in person or by
deputy before the Grand Jury, and conduct all
prosecutions Of offenders against the election
laws and Of public officers accused Of mlscon-
duet. No names were mentioned, hut IL 10
understood that the purpose Of the committee
was TO secure the appointment of William
Trnvers Jerome rs deputy Acknowledgement, to
conduct the prosecutions referred to. Gov.
Flower very promptly refused tho request Of
the committee.
The request was presented to the Governor
early last evening by Joseph Larocque. Gen.
Horace Porter. and Charles G. Beanan who had
been appointed for that purpose at q meeting Of
the Executive Committee OF the Seventy
In the afternoon. Mr.. Larocquc had made
arrangements earlier In the day TO meet
the Governor. and Mr.. Flower was prepared
to receive the committee when they called on
him, and had his answer ready. No reporters
were present, but the Governor afterward told
the reporters what had taken place. lie referred
the m to the memorandum which he
filed with the law under which the request Of
the committee was made when he signed the
measure. He called their attention to the fact
that In that memorandum he had deprecated
the drastic character of the law. and had ex-
pressed the opinion that the authority It con-
ferred upon the Governor might lead 10 great
abuses, and should never be exercised except
with the greatest caution on the part OF the Ex-
%ecutivc.
"The District Attorney" continued the Gov
ernor, Z" is n constitutional officer charged with
the duty OF prosecuting offences against the law.
II he does not perform his duty | can remove
him upon charges after giving him nn op7ortun-
ity to DC heard in his defence. Now there are
sometimes instances when, by reason Of the per-
sonal relation OF the District Attorney. or by
reason Of pressure OF business in his Office. II
might be advisable to exercise the authority
conferred by statute, and require the
Acknowledgement or his deputy, to APP
pear for the purpose OF trying certain
specified cases. In such instances the applica-
ton for and from the, A.ttorney.General's Office
should clearly he made by the District Attorney
himself. That was the case in Kings county u
fSSs I sfG at Wo%i,; "I directed cite H tis Aatopne Sl enc
ernl to appoint Messrs; Tracy and Shepard 70
f fSndsrs. M Nor c PeP'e tho exercise SifG r"thor IT.;
which permitted the concurrent action
OF the District Attorney. ard thereby recognized
the principle II local SELF. government. The new
law, under which the Committee OF Sevcnty's
ney from any participation whatever in the
cases specified by the Governor in his reguisi.ion
upon the Acknowledgement. IL Is therefore
more important that the power which 1t con-
veys should be conservatively exercised.
tprney Fellows had united with them IN making
this application. They said he had not. That
they Ind no communication with him.. I then
asked whether they had any proofs that the
District Attorney would not conscientiously
prosecute the case referred TO in their spplica-
that there was a lack OF confidence. that tho
Il iTe The Bi.,r meter; ,,oI I asked sia them nS, ,, MPs;SsT
prosecute the election offenders in this
Tf9Sa sTr,.y,D6isns Inst o fall; They hem agree" ;Gss , hat L he d did
charges Of Incompetence or neglect of duty To
prefer, against the District Attorney, 1t was
give them prompt consideration. But | snid
that. except with the District Attorneys con-
position or refusal on his pHrt 10 faithfully
prosecute the cases, ! could rot Justly s%gpplant
~ hin by c re9" IF T. n 14s At;9rnfy- ,hs TIal
trict Attorney has not done or will. not do his
full duty he deserves to. be removed. and | will
But in the absence Of the conditions which |
have mentioned. to require the appearance OF
District Attorney entirely as TO all these cases.
would practically effect his. removal without a
neaF'hE ana 6uI SEf hi a tne spi ilin OF tnr uoh hog
discharge OF official duty.
81 look upon these election offences and the
maladminisiratiun OF law in this city ms Of first
importance, and think these trials should have
precedence over other cases. With that view |
am willing. II IL Is desired, to appoint one or
more extraordinary terms of Oyer and Terminer
for the prosecution of these cases"
but ms 10 the arbitrary exercise of the au-
thority given the Executives by this law, I must
say that am opposed to It,. A condition OF
things which would warrant n Governor In
making an order such as is requested would
warrant the removal on charges OF u District
Attorney. I am not informed that such a condi-
ton exists"
The Governor said that he did not understand
that his refusal ended the matter. IL the Dis
trict Attorney Of New York county should con-
sent, there would be no difficulty about having
the Acknowledgement or one of his deputies at
tend TO the cases referred to. The Governors
secretary. Col. Williams. said that he unders
stood from the committeeman that they would
see District Attorney Fellows and ascertain ifhe
had any objection to the intervention OF the
AttOrney-General.