The times. [volume] (Richmond, Va.) 1890-1903, 1900-12-23
ROOSEVELT FOR
PURE ELECTIONS
Removes District Attor-
ney From Office.
HIS REASONS GIVEN.
GARDENERS Attitude On Elections
Causes Downfall.
MATTER OF NATIONAL CONCERN
No Possible justification for an
Officer Failin: to DO Everything
in His Power to Prevent
Crime Against
tho Ballot
| HIS REASONS GIVEN.
MATTER OF NATIONAL CONCERN
(Ey Associated Press.)

(Ey Associated PreSs)
ALBANY, n. Y, Dec. Ex-Governor
Roosevelt tonight announced that he had
removed from office Colonel Asa BIRD
Gardiner, district attorney of New York
county. on charges preferred by Deputy
| Attorney-Generai H II. Hammond
AT the same time the Governor made
| it known that he had appointed Eugene a.
Phirbin, of New York city, commissioner
of the State Board of Charities, and
| Democrat to fill the vacancy.
In a lengthy memorandum, the Cover
nor sets forth his reasons for removing
Colonel Gardiner. He says:
The charge vitaly affecting the con-
duet OF the District Attorney is that which
relates TO his attitude at and about cleo
! ton toward the Indictment or thlet OF
Police Devery. after the latter had Issued
scandaously improper and sedi-ious or
der to the police force under nim
NATIONAL CONCERN
Where the conduct of the District At
torney of the county of New York affects
elections this conduct becomes Il matter
| not merely of county, but OF State and ma
tton4il concern. Fraud or violence at tnc
polls in New York county in Il national
election may concern not merely the coun-
ty itself. not merely the otfrer coNtsoleS o
the State but also the ether States OF
the Union. 1t is a mere 'tru!s-n to assert
that hansislt elections, free from beth fraud
ard violence stand ait the very basis OF
our form of republic self-governme'Et
There lis no use of discussing princi-
Plies and issues unless 1t Is ssu,-e;f ttiStt
the conclusion which the majority reaches
upon such principles and issues sham be
prop4rlv recorded III the election itself
There cam be no possible Justification for
any rrtan, and, above all, for a progc ON
Ger failing to do everything IN ms power
to rareveilt crime against the cttiiot-poN-
No more serious crime against 9ile stdte,
and intime of peace no ctah4s az Ssiioe'H'
can be committed
INCITED FRAUD
Before the election last November
there was the most open incitement py
certain leading politicians TO violence
and fraud at the pois, IN Ne" oIN
State in particular this excitement ~
take the form of a naked appeal to moo
yiolence-the leader of one of the parties
in this state urging his followers in re-
heated public utterances TO gather at the
polls and criminaly assault the officers
of the law IN certain contingencies
Utterances such as these, OF course, eN-
cited great public uneasiness and pade
fair TO make most serious DISTURBANCES
but there was nothing to be done regard
ing them so long as they We're only the
utterances of indiviluals in private NE
When however, the chief of police OF
the city of New York issued Il public
order TO his SubOrdiuateS on which NJ.
melted them TO criminal violation OK the
!aw-au order which wds certain to cow
and terroriZs- some men and encourage
the disorderly and l;twiess eleDeHt-tne
situation became 50 grave as TO call forth
nf ftlf.-T Executive
the State.
Accordingly the Chief Executive notified
the mayor. the sheriff and the district
attorney il view OF the issuance of this
order they would be held to L strict ac-
| countabiIity for their acts in preserving
or falling 20 preserve the public peace.
The mayor and the sheriff promptly
responded to this notification. expressing
and showing their desire To see that the
laws We're observed the mayor taking
immediate steps 10 force the Grief of
police to resclnd the obnoxious order
itself About the same time the grand
| jury found an indictment against the
chief of police for having issued 1t.
AIDED FRAUD.
.:.Alo!le. among the other city officials
charged with rrls solemn duty Of e:Iforc-
ing the laws the District Attorney. on
whom rested the heaviest responsibility
of the enforcement Of the law, gave by
public utteerarce mid and comfort 10 the
chief of police. There is a HAT conflict OF
versGcIty between tire District Attorney
and his accuzers this point In the
newspapers of the ay following. those CON.
| tanning the publication OF the chief OF
pcl5ce'S order. there appeared interviews
with the District Attorney, in which he
| attacked the grand jury and justified the
action of the chief of police. To give out
such Interviews was, OF course, 10 give
the communication which was enlisted cgl
the side of frau8 or violence. The Dis
| tIict Attorney says that he gave them
cut. Two witnesses have testified that
! he independently gave them interviews
| which were substantially the same, and III
c1e oaSe the testimony is explicit that he
| is informed that the interview is for pup
| .lcation.
! These interviews, and others ike them
| appeared. conspicuously in the Hafious
| morning papers and were never Eepual- pf1-
| ated then OF afterwards oI the cisei 80
| attorney. He never acknowtsdSss ~ ous
| way the receipt OF the notlticdt.oi. " '"s
chief executive, which. II any ,i<a.
| been needed would certainly nave caiied
bas attantson 10 the gravity OF the stu
| ation and have aroused his vigilance as
+o a,v,binp he might say or do Under
tha circumstances il is impossible 10 oe-
Iiaye that he did not give such interview.
or rhat he was ignorant or It's puoiicatloh-
COIfL& NOT BE IGNORANT.
1T is equally incredible chat he could pc
ipnnrant OF the effect that might oe pro-
,iI1cad bv such public statements from that
ofHcsat whose special duty it should be TO
see 10 the observance OF the law IN the
county Had the other officials concerned
assumed, or preserved similar attitude,
the very gravest consequences might have
ens,1ed. and the district attorney cannot
he allowed to profit 10y the fact that the
act;on OF others prevented the evil con-
SEQUENCES of his own acts.
..As> to the charges that the district
attorney failed in his duty in assisting
the officials Of the encouragement office
who were concerned IN preventing viola
tons of the election LAW, it APPEARS taas
there was such failure in certain cases
prior to the election. This does not ap-