The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-12-23
Paid No Attention to the Letter Writ
ten by the Governor in Regard
to Chief Devery's Order.
REASONS FOR THE REMOVAL
LENGTHY STATEMENT BY THE EN-
PRE- STATES EXECUTIVE.
Eugene A. PhiIbin, of New York City,
a Democrat. Appointed to the
Vacant Position.

Roosevelt announced tonight that he had
removed from office Colonel Asa Bird
Gardiner, district attorney of New York
county on charges preferred by Deputy
Attorney General A. II. Hammond. AT
the same time the Governor made it known
that he had appointed Eugene A. Philbin,
of New York city, Commissioner of State
Board of Charities, and a Democrat. to fill
the vacancy. In lengthy memorandum
the Governor sets forth his reasons for re-
moving Colonel Gardiner. He says:
1.-The change vitality affecting the conduct
the district attorney is that which relates
to his attitude at and about election to-
ward the indictment of Chief of Police Dew
cry after the latter had issued a scandal
ously improper and seditious order to the
police force under him.
Where the conduct of the district attor-
ney of the county of New York effects cleo
tions, this conduct becomes a matter not
merely of county, but Of State and national
concern. Fraud or violence at the polls IN
New York county in national election
may concern not merely the county itself,
not merely the other counties of the State,
but also the other States of the Union Ii
is mere truism to assert that honest cleo
tions, free from both fraud and violence,
stand at the very basis OF our form of re-
publican self-government. There is no use
in discussing principles and issues unless 1t
is settled that the conclusion which the ma
jority reaches upon such principles and
issues shall be honestly recorded in the
election itself. There can be no possible
justification for any man and above all for
nftbtin 70 Il
in his power to prevent crime against the
ballot box. No more serious crime against
the State, and in time of peace, no crime
as serious. can be committed.
INCITEMENT TO FRAUD.
Before the election last November there
was the most open incitement by certain
leading politicians to violence and fraud at
the polls In New York State in particular
this incitement took the form OF a naked
appeal to mob violence the leader of one
of the two great parties in this State urg-
ing his followers, in repeated public Ut
terances, TO gather at the polls and GRIM
iDally assault the officers of the law in GER
tain contingencies. Utterances such as
these of course excited great public un-
easiness and bade fair to cause the most
serious disturbances, but there was moth
ing to be done regarding them so long as
they were only the utterances of individ-
uals in private life.
when. however, the chief of police of
the city of New York issued a public order
to his subordinates I'm which he melted
them to criminal violation of the law-an
order which was certain to COW and terror
ize some men and to encourage the entire
disorderly and lawless element-the situa-
ton became so grave as to call for the in
preference of the chief executive of the
State. Accordingly, the chief executive no.
titled the mayor, the sheriff and the dis
trict attorney that, in view of the issuance
OF this order, they would be held to a
strict accountability for their act in pre-
serving or failing to preserve the public
peace.
1.-The mayor and the sheriff promptly re-
sponded to this notification, expressing and
showing their desire to see that the laws
were observed. the mayor taking immedi-
ate steps to force the chief of police to re-
scind the obnoxious order itself About the
same time the grand jury found an indict-
ment against the chief of police for having
issued it.
GARDENERS INTERVIEWS.
ALONE, dIDOHs tic OlItI city OllCidIS
charged with the solemn duty of enforc-
ing the laws. the district attorney, on
whom rested the heaviest responsibility of
the enforcement of the law. gave, by pub
lie utterance. aid and comfort TO the chief
of police. There is fat conflict of YER
acity between the district attorney and
his accused on this point. In the news
papers of the day following sthose con-
tanning the publication of the chief of po-
Ices order, there appeared. interviews OF
the district attorney in which he attacked
the grand jury and justified the chief OF
police. To give out such interviews was,
OF course. to give sctive encouragement
tc every element in the community which
was enlisted upon the side of fraud or
violence. The district attorney denied that
he gave them out Two witnesses have
testified that he independently gave them
interviews which were substantially the
same, and in one case the testimony is
explicit that he was informed that the in
terview was for publication. These inter-
views, and others like them. appeared con-
spicuously in the various morning papers
and were never repudiated then or after
wards by the district attorney. He never
acknowledged in any way the receipt of
the notification by the chief executive
which. If anything had been needed. would
certainly have called his attention to the
gravity of the situation and have aroused
his vigilance as to anything he might say
or had said.
Under the circumstances 1t is impossible
to believe that he did not give such inter-
view or was ignorant of Its publication.
1t is equally incredible that he could be
ignorant Of the effect that might be pro-
eneni. ~ such public statements from that