New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-03-07
ORNATE PROSECUTORS.

PRIVATE PROSECUTORS.
Section 4 contains a provision which Is unprec-
edented IN this State. 1t provides that the district
attorney OF any county in which a prosecution is
had shall appoint the counsel designated by the
complainant 10 assist him In such prosecution or
trial The statute is imoerative-it admits OF no
discretion. Whether not the district attorney
desires needs assistance. he Is bound 10 permit
the complainant's counsel to be associated with
him. Such procedure is virtually turning public
into private prosecution and is objectionable in
every respect A district attorney is a sworn Off
cial elected by the people and responsible TO them
he acts In public capacity, presumably without
malice. fear favor. but the private counsel OF
complainant represents no one but the complainant
himself-hs selfish and personal interests. The law
OF state does not authorize such an unseemly
proceeding in regard TO any other prosecution.
wife whose husband has been murdered, brother
whose sister has been assaulted, father whose
child has been abducted. citizen whose residence
has been robbed bank whose vault has been
burglarzed. cannot compel the district attorney to
accept the services of private counsel. much as
they might desire him TO have the benefit OF such
assistance; and yet, under this novel BILL when
newspaper is be raided destroyed under the
form OF criminal accusation the personal com,
plainant "a permitted TO ioist his private counsel
into the public prosecution. thereby practically
changing its nature from an official 10 a private
prosecution. This utterly ndefensibe provision re-
measure and reverses the whole theory upon which
1t has been publicly urged, TO wit that II was not
personal grievances can be remeded under existing
laws and whose rights are already concedediy
amply protected but that IL intended to shield
the public generally from offensive newspapers;
without proof that any particular Individual had
suffered any injury. the prosecution, being pro
fessedy desired for the highest and best pubic
interests, yet here is a provision which undermines
and destroys this fine theory, recognizing the pTl-
vate character and personal objects OF the Wholee
proceeding admitting the necessity or proprlety OF
private interference, and which virtually transforms
a public prosecution into private persecution SIM
ply using for that purpose the machinery o. tne
criminal law. 4 Legislature which sanctions sucn
an outrage and establishes such pernic.ous prece-
dent may he able to escape pGDnc oDlOqu!' oub !
TIE extraordinary character of this bill is further
Illustrated when section Is examined. IL permits
an Indictment to be found In any county OF the
circulate and .orbds change OF venue except
upon the single ground that fair and Impartial
trial cannot be had In the county No change can
be made for the convenience OF witnesses. nor De
able publications or pictures arose or are founded
occurred In another county. but the newspaper a.
20 be subjected every possible annoy ance ana
deprived OF every Just and reasonable privilege
rerklessncss OF the bill may prevent any conviction
hereunder which IL oftentimes the case with stch
unpopular and oppressive statutes. HNt ntNeI.Hc-
less I'm the hands OF INSCRIPTIONS dstrlct-attor.
nev with or without the compulsory assistance or
IRRESPONSIBLE private counsel, backed by combtna-
tion Of powerful political influences bent upon the
destruction OF their critics prosecution uhder lAs
hill can be made a dangerous instrument or Oppres-
sion annoyance corruption ana in)usNre.. ~ Is
said thar notwithstanding its outrageous FEATURES
ana fatal defects the bill is sure 10 pass the Logs
lafure and become a law by reason OF the potent
Influences suspected To- be behind it-and assutn 2
this NAV be true. So much tho worse then for
the Empire State