Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-12-24
Lively Discussion otsr Removal Of
District Attorney Gardiner.
CHARACTERISTIC0F' bOV. ROOSEVELT
Successor a Cpd democrat, for
Whom RepubkcansMust Stand.
OTHER MANHATTAN NEWS
Special Correspondence Of The Evening Star.

FOltlclans IN Dotn parties are taking a
lively interest In the removal by Gov
ernor Roosevelt of Col. Asa Bird Gardiner,
the district attorney, who first came into
prominence during the last municipal cam
paign by shouting ITO hell with reform
The removal of Colonel Gardiner does not
cause as much comment as the manner in
which it has been brought about. 1t has
been a foregone conclusion since the charges
of interfering with the attorney general S
office in the trial of election cases that
Colonel Gardiner would be forced to walk
plank" But republicans have quite gen.
orally thought that Roosevelt would not
have time to get the district attorney out
of office before the expiration of his term as
governor, and that the case would come up
for settlement before Governor Odell after
the 1St Of January. For some reason still
unexplained Governor Roosevelt decided to
have the charges pushed, and the ending
was reached last Saturday night. Eugene
A. Phlbin, gold democrat, who voted for
Bryan in the last election, but who is new
ertheless decidedly opposed to Tammany
Hail, was at once appointed to the place
made vacant by the removal of the district
attorney.
With any other governor except Roosevelt
Colonel Gardiner would undoubtedly have
escaped. The average executive is not like
ly to take up important new matter In
tirement from office The disposition of re-
firing executives is to retire quietly and not
to stir UP trouble. But Roosevelt acted
with his characteristic energy and he evil
IDENTIFY did not want it said that he passed
the case along to Odell because he was
AFRAID OF the responsibility. Governor
Roosevelt openly announces that the chief
reason why he removed District Attorney
Gardiner was because Of his public criti-
cism of the Indictment of Chief Devery and
OF his failure to pay any attention to Gov
ernor Roosevelt's telegram warning him
that the New York authorities would be
held responsible for any disorder resulting
from Chief Devery's order. Gardiner, it is
only fair to say. denies the authenticity OF
the interviews in which he is made to say
that the indictment of Chief Devery was an
outrage but made the assertion that it was
an outrage. just the same in the presence
of the governor, and this may have had
something to do with convincing the gov
ernor that the district attorney was cor
rectly quoted The other charges relate to
the failure of the district attorney and his
assistants to prosecute election cases which
have come up since. the November election.
The Peculiar Dcvery Case.
The popularity of the entire situation is
found in the fact that though Chief Devery
was indicted he has never been tried. and in
all human probability never will be tried on
the charge of interfering with State Super
iEtendent of Elections McCullagh in the re-
ttiil cieCtloH. He tEOuDIe grew out OIL a
construction Of the law, governing chal-
lenges at the polls. Superintendent McCul-
lagh insisted that persons challenged had
no right to swear in their votes, while
Chief Dtvery claimed that men who We're
willing to swear in their votes must be al
lowed to vote. The chiefzafterward with
drew the offending 5onderssE and Mayor Van
Wyck and the entire city administration
backed down in Obedience to the statement
from Governor Roosevelt that they would
be held accountable for rioting at the polls
The uniqueness of the incident is found in
the fact that Chief Devery, who issued the
tried, but he still remains chief of police,
while Gardiner who denounced the indict-
ment of the chief has lost his official head
Though Devery Is still chief of police it
is now generally admitted among both
publicans and democrats that his days are
numbered. The necessary legislation for q
new municipal police bill has been prepared
and 1t is probable that within the next
thirty days Devery will have the oppor-
tunity of signing himself eX-chief. The new
chief, according to the legislation proposed
will be appointed by the mayor, but he can
be removed by the governor at any time
and 1t is not even necessary to give the
cause. This gives the governor greater
powers of removal than the mayor pos
sesse at present, for the reason that
the city charter allows the mayor to re-
move heads of departments without cause
during the first six months Of his term of
office. After that he can only remove after
giving reasons and after giving the ac-
cuSed officials hearing.
Difference of Opinion.
Opinions differ to whether Roosevelt
has been wise politically in forcing the re-
moval of District Attorney Gardiner. Ger
tain it is that the republicans must now
in measure assume the responsibility for
the conduct Of the office. And inasmuch
as the office is an executive one, Col.
Gardiner having received a large plurality
1t remains to be seen whether Roosevelt
has done a popular thing in removing an
official who was elected by plurality
greater than he received when running for
governor himself, and at the same time
paying no attention to the original actions
Of Devery-actions which caused his in
dictment and the downfall Of Gardiner, who
defended him.
What is regarded as one Of the most Sc
rious problems which will be before the
legislature In connection with the revision
of the city charter is that of insuring the
efficiency OF the police force by applying
wiser methods to the system of retirement.
At present a member of the uniformed
force must serve twenty-five years and have
reached the age Of fifty-five before becoming
eligible for a half-pay pension. Retirements
already erected have resulted in the build
ing up of the expenditure of nearly 81 ,OOO, 600
yearly for police pensions alone. This has
been done. too, notwithstanding the fact
that the police board has seldom exercised
IT'S piNAcSc VI IOTClUS TetlEeulcul aIler Il
specified period OF service.
Problem Becoming Serious.
After an existence Of about forty years
the present police department contains fifty
nine men who have passed the age of six
ty-two. Besides these ifty-nine men whose
right to Immediate retigement is unques-
toned and whose PENSIONS would aggregate
$162, 400 yearly. 1877 others. of various ranks
have served more than twenty years, and
within five years viii be eligible for retire.
ment under the law now In existence. They
would be entitled to, pensions aggregating
nearly $75O,000 year AS the pension list
already reaches nearly to the million mark
and as many additions are made constantly
for reasons other than length of service
sickness, injury. etc. -Ithe4Rrobability is that
within five years the cfty6Eill have heavy
pension burden TO bear These figures are
for the police alone. What the total will be.
with the fire department included, and if
the clerical employees pepsion demands are
granted also. is beyond eAen conjecture
Boer Refu4Ses.
The first delegation of soer refugees will
reach this country next Friday. 1t consists
of twenty-three families, about 100 strong.
A second detachment, larger In number,
will arrive on January Is. More will come
later They are now. journeying to the
nit I zoe I~ry nolc