The age-herald., 1900-12-23
COY. ROOSEVELT af
 CUTS OFF A HEAD
Removes District Attorney Asa
 Gardiner from Office
SOME SENSATIONAL CHARGES
The Governor Brings Up the Action of Gardiner and Chief of Police De- very at the Last EIection-Ap-
 points a Democrat to Office.

Albany, N. Y, December Ex-Governor Roosevelt announced tonight that he had removed from office Col. Asa Bird Gardl- ner district attorney of New York County on charges preferred by Deputy Attorney General Hammond At the same time the Governor says he has appointed Eugene A. Phtlbin of New York City commissioner on the State Board of Charities, and a Demo- crat, to fill the vacancy.
 In a lengthy memorandum the Governor sets forth his reasons for removing Colonel Gardiner. He says:
 "The charge vitally affecting tine conduct of the district attorney is that which re- lates his attitude at and about the elec- tion time toward the indictment of Chief of Police Devery, after the latter had issued scandalously improper and seditious order to the police force under him. Fraud or yo- lence at the polls in New York County in a national election may not concern not merely the county itself, but the State and other states of the Union.
 Before the election last November there was the most open indictment by certain leading politicians to violence and fraud at the polls. In New York State the lead CT of one of the two great parties urged
 
 ances, to gather at the polls and criminal ly assault the officers of the law in cer- tain contingencies. Utteranees such as those, of course, excited great public easiness and bade fair to cause the most serious disturbances. When the chief of police of the city of New York issued a public order to his subordinates in which he cited them to criminal violation of the law-an order which was certain to terror. ize some men and encourage the entire dis orderly and lawless element-the. situation became so grave to call for the interfer- ence of the chief executive of the State.
 Accordingly the chief executive notified the Mayor, the sheriff and the district at- torney that in view of the issuance of this order they would be held to a strict ac- countability for their acts in preserving or failing to preserve the public peace.
 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 imme- diate steps to force the chief of police to rescind the obnoxious order itself About the same time the grand jury found an in- dictment against the chief of police for having issued it.
 "Alcne, among the other city officials charged with the solemn duty of enforcing the law the district attorney, on whom rest i ed the heaviest responsibility for the en- forcement of the law, gave by public ut terance aid and comfort to the chief of police. It is incredible that he could be ignorant of the effect that might be pro- duced by such public statements from that county official whose special duty it should be to see to the observance of the law in the county. Had the other officials con- cerned assumed or preserved a similar at titude the very gravest consequence might have ensued and the district attorney can not ba allowed to profit by the fact that the action of others prevented the evil con sequences of his own acts
 Under these circumstances the district attorney of the county of New York is re- moved from office"