New-York tribune., 1900-12-23
WHY GARDINER HAD TO GO
GOVERNOR ROOSEVELT EXPLAINS THE
REASONS FOR HIS ACTION.
TBY TELEGRAPH TO rHE rR1suxz.I

Albany. Dec. 22.-Governor Roosevelt has re-
moved District Attorney Gardiner OF New-York.
and has appointed Eugene A Philbin his
cessor. This action was taken by the Governor
after he had listened for eight hours to-day to
evidence submitted by John H. Hammond.
Deputy Attorney-GeneraI. in support OF the
charges he made against the District Attor-
ney and by Franklin Bartlett counsel for
Colonel Gardiner Mr.. Philbin is a distin-
guished Gold Democrat Of New-York, who
voted for Palmer and Buckner. The Gov
ernor. it will be observed, did not think IL
necessary to go within the lines Of Tammany
Hall to obtain successor to Colonel Gardiner
Governor Roosevet's reasons for removing
Colonel Gardiner are as follows:
The charge vitality affecting the conduct Of the
District Attorney is that which relates to his at
tttude at and about election time toward the
latter had issued scandalously improper and
seditious order to the police force under him
| Where the conduct Of the District Attorney OF
/ the county or NeW-Hork anects elections 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 a
/ 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
! 1T is mere truiSm TO assert that honest ele~-
F.; tions, free from both fraud and violence stand
{; at the very basis Of every form of republican
/ self-government. There is no use in discussing
principles and issues unless il is settled that the
conclusion which the majority 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 any
public officer. failing to do everything in his
! power 10 prevent crime against the ballot box.
I No more serious crime against the State. and in
/ time of peace no crime as serious, can be COM
| mitted
! was the most open incitement by certain lead
ing politicians TO violence and fraud at the polls.
ment took the form Of naked appeal TO mob
violence. the leader of one of the two great par
ties in this State urging his followers In repeat
ed public utterances 20 gather at the polls and
criminally assault the officers OF the law In GER
tain contingencies. Utterances such as these, OF
course. excited great pubic uneasinsss, ana oade
fair to cause the most serious disturbances. but
there was nothing to be done regarding them
: so long they were only the utteranceS OF in
] dividuals in private life
/ GAVE AID AND COMFORT TO DEvERY
j When, however. the Chief of Police of the city
| Of New-York issued a public order to his sub
ordinates. in which he melted them to criminal
/ violence Of the law-an order which was GER
/ tain to COW and terrorize some men. and TO en-
courage the entire diSorderly and laWless ele-
| ment-the situation became grave a cali
for the interference Of the chief executive OF the
/ State. Accordingly, the chief executive notified
/ the Mayor. the Sheriff and the District Attorney
/ that in view of the issuance OF this order they
would be held to a strict accountability for their
acts in preserving falling to preserve, the pub
/ lie peace The Mayor and the Sheriff promptly
/ responded to this notification, expressing and
showing their desire to see that the laws were
! observed the Navor taking fmmediate steps to
force the Chief Of Police TO rescnd the obnoxious
! order itself. About the same time the Grand
Jury found indictment against the Chief OF
( Police for having issued it
+ Among the city officials charged with the
solemn duty Of enforcing the laws. the Dis
/ trict Attorney. whom rested the heaviest
/ sponsibility in the enforcement OF the law. gave
by public utterance, aid and comfort to the
Chief of Police. There is fiat conflict OF verac-
ity between the District Attorney and his ac-
cusers on this point In the newspapers OF the
day following those containing the publication
of the Chief of Policies 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. to give active en-
couragement to every element In the community
which was enlisted upon the side OF fraud and
violence The District Attorney denies 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 In
formed the interview was for publication
These interviews. ard others like them. ap-
peared conspicuouSly IN the various morning pa
pers and never repudiated then after
ward by the District Attorney He never ae-
knowledged in any way the receipt OF the nOtif-
cation by the Chief Executive. which. If any
thing had been needed. would certainly have
called his attention TO the gravity Of the situa-
tion and have aroused his vigilance as to any
thing he might say or had said Under the cir
cumstances. it is impossible 10 believe that he
did not give any such interview. or that he was
ignorant Of its publication
II is equally incredible he could have been
ignorant of the effect that might be produced by
such public statements from that county Of
fetal whose special duty it should have been to
see 10 the observance OF the law in the county
Had the other officials concerned assumed or
preserved a similar attitude the very gravest
consequences might have ensued. and the Dis
trict Attorney cannot be allowed to profit by
the fact that the action of others prevented the
evil consequences Of his own acts. AS to the
charges that the District Attorney failed in his
duty in assisting the officials of the Attorney
Generals office who were concerned in prevent
ing violations of the Election laws il appears
that there was such failure in at any rate cer-
tain cases prior to the election. This does not
appear to have been the case after the election
acts like these are TO be excused the ground
that they spring from folly, rather than from IN
tent to do wrong Under these circumstances
the District Attorney of the County Of Nsw-York
/ Is removed from Office.
THEODORE ROOSEVELT