New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-03-09
uR, GARDINER AND THIRD AVENUE.

1t has been openly and repeatedly charged
in the last few DAYS that the wreck of the Third
Avenue Railroad Company due to Tam
many plunderng The selection of contractor
whose deliberation is said to have cost so dearly
has been attributed to political motives and the
reason offered is that no other contractor couiu
secure the necessary permits from the niuhlc-
ipal authorities Suspicion is rife that the roau
was blackmaed by Tammany. and its payrolis
padded with dependents of district leaders who
did not earn their pay.
These charges and suspicious are subjects Tor
the investigation of the Grand Jury, ana III
view OF District Attorney Gardeners relations
to Tammany and his we'll known disposition to
let personal and political motives govern his OF
fetal conduct it may be seriously questioned
If he should be left in control of this inquiry.
II is a matter of record that he has prostituted
his office TO secure the Illegal indictment of per
SONS for criticism of fellow officer OF the ram
many government. His method of prosecuting,
or rather prosecuting some lawyers VINO dared
to join in making charges to the Governor
against him is also q matter of history. Com
nlaints have been made and are now under in
vestigation. that persons with n pull on the
Tammany organization find it possible to secure
the dismissal or the half hearted prosecution OF
indictments against them Under such crcum-
stances II IS lneNlIdDle tnat "luespItdu SuH-
picion should be entertained of the thorough
ness of any investigation managed by him into
the possible looting of the Third Avenue Rail
road Company by persons enjoying the friend
ship OF Tammary Hall. Whether this suspicion
is entirely lust or not makes little difference. A
mau-except when prosecuted by Mr.. Gardiner
and his assstantsis presumed Innocent until
proved guilty. but while on trial he Is not con-
monty selected to exercise trust similar 10
that he is charged with bCtrayipg. \ nice sense
of propriety might suggest to Mr. Gardiner tnat
while under charges for political fG7CritisIu in
the conduct of bis office be is hardly the proper
person to command public confidence for an
inquiry into alleged Tammany Matchmaking.
And public confidence that the Third Avenue in
yestigation is thorough and impartial is OF the
greatest Importance.
The Grand Jury which has taken up this case
is composed of excellent men. and will no doubt
seek to do its duty ntelligently and faithfully.
1t is. however, inevitably subject 10 the in
fiuence of the public prosecutor who is its of
fetal adviser. How far even the most excellent
Grand Jury should be left to such a guide
Gardiner in q matter possibly involving high
Tammany interests should be carefully
sidered by the Governor and his advisers The
case of the Third Avenue RailronG Company is
far more important and difficult than that of the
Brooklyn Rapid Transit Company, for which n
Special Deputy Acknowledgement was designat-
ed. 1t may not be best, all things considered, to
interfere again with the ordinary course of pro-
cedure but if the District Attorney is left in
charge the members of the Grand Jury should
certainly be careful to keep the inquiry In their
own hands.