New-York tribune., 1900-09-14
THE GARDINER CASE.

Governor Roosevelts dismissal Of the charges
against District-Attorney Gardiner has been
for some time expected, not because any dis
eliminating person deemed Mr., Gardiner to be
fit for his place, but because few believed that
the City Club had made out so clear case
of serious misdeeds as to warrant the Gov
ernor in the extraordinary step of removing
him from the office which he holds by the
warrant of n popular election.
Such forecasts were entirely accurate. Mr..
Wilcox, who heard the charges, and the Gov
ernor both evidently hold Mr.. Gardiner in low
esteem But they have poorer opinion of
him than a large body of his fellow citizens
had when they made him District Attorney.
Before election he was known as a vain, f1ighty,
touchy person. and it was fully understood
that If elected he would be subservient to Tam
many Hall. 1t must be assumed that the peo-
pie in choosing an officer by popular vote make
a proper and wise selection. If they do not
they must endure the consequences. and it is
neither the duty nor the right of the Governor
to supervise their action and correct their
blunders. His power Of removal is properly
limited TO cases of unquestionable malfeasance
of a grave character. and does not extend TO
such minor degrees of maladministration
may nevertheless be subject TO popular criti-
cism and punishment at the polls. The power
Of removal Ike the power Of Impeachment, is
an instrument to be charity used. 1t took
long while for earnest men in this country to
learn that they could not use the latter to get
rid Of judges, Presidents and other officials Of
whose conduct they disapproved Nevertheless,
the limits of impeachment have been narrowly
fixed, and the Andrew Johnsons and Samuel
Chases are safe from political opponents in
spite Of foolish or wrong headed exercise of
their powers.
The City Club, we think, was Ill advised in
| beginning this prosecution 1t should have
| been warned by the jejune attempt of some
| Good Government Club workers a few years
ago to remove District Attorney Fellows whose
sympathy with Tammany lawbreakers and
general unftness were well known. The trans
| lation Of moral convictions into legal proofs
seems easy to persons whose ideals and en-
! thusiasm outrun their realization of the rules
| Of evidence. Mr. Gardeners accusers meant
well, and we fully sympathize with their dis
satisfaction with the District Attorney and his
methods, but they must on reviewing their
| own proofs submitted. see that they fell
| short of establishing case warranting the
| Governors interference with the popular YER
! dict. Mr.. Gardiner is, we believe, a bad Dis
| trict Attorney. His record should effectually
| prevent his appointment or election to any
| ONCE. But much more serious offences must
| be established TO warrant his removal than
| violation of high standards of social etiquette
| and political morality, or even than the earning
| Of general popular dstrust and dissatisfaction
| The result of this prosecution ought to have
a wholesome popular effect It ought to deter
| good citizens from lightly invoking extraordi-
nary proceedings for the cure Of administrative
| evils. There has been a growing tendency in
| this State to resort to uncommon expedients of
| this kind on insufficient provocatiOn. Special
commissions, special grand juries special
| deputy encouragement are getting to be
the rule rather than the exception for the treat
4 ment Of every incident in our affairs They
| entail great expense and tend to interfere with
| the regular progress Of government and to di-
vide responsibility for evils. In the face of
| patent wrongs the temptation to appeal to
| them is strong, but the results seldom Justify
| the appeal, and even If a particular abuse is
| corrected it may be questioned If in the long
run the process promotes good government
| Perhaps temporary endurance of evils is the
only way TO teach voters their responsibility.
If they can get somebody on n pinch to save
them from bad ofticeholders they are less likely
to elect good ones