New-York tribune., 1900-07-12
COLER CHARGES DISMISSED.
ATToRNEY-G MAKES PUBLIC HIS
DECIsION-ACTIoN IN OTHER CASES

OTHER
Albany. July 11.-Upon the advice of Attor
ney-GeneraI Davies. Governor Roosevelt TODAY
announced that he had dismissed the charges
made against Bird S. Coler, Controller Of New
York City, and also the charges preferred
against Judge Cowing by the Central Federated
Union.
In the case of Mayor Van Wyck the Governor
is barred from taking any action because Of a
request Of j. Noble Hayes, counsel for The
World asking for further delay. as he wished
10 amend the charges.
The Governor announced that no action would
be taken in the matter of the charges against
District Attorney Gardiner until Special Com
missioner Wilcox had filed his final findings.
which will be within ten days. The Governor
will announce his decision on his return from
the West.
In the CoIer case the Attorney General gives
the following reasons why the charges preferred
by Jacob Mack should be dismissed:
have carefully examined the evidence pre-
sented by the petitioner in support Of the
charges, and also the records and papers on file
actions complained of.
find that the facts forming the prfucfpsI
basis of these charges have already been the
SUBJECT OF judicial investigation the case of
Trowbridge versus the City of New-York re-
ported in 2i Mise, Rep. 517. In that case Jus
uce Cohen wrote a very able and exhaustive
opinion, reaching the conclusion that the action
of the Controller, which is now the subject
OF complaint, was legal and proper. and it
would seem that his conclusions ought 10 he
decisive of the questions here presented
However, independent of this decision my
own investigation leads me to the conclusion
mat the charges are entirely without founda-
uon, and L would therefore recommend their
immediate dismissal
In addition to the information given bv the
Attorney General, the Governor also caused an
examination to be made into these charges. The
report made Of this SeDara+a
cides with the opinion which the Attorney-Gan-
eral has rendered.
OF the charges preferred by Ernest Bohu7
against City Judge Rufus B. Cowing the At
torney- General disposes of them on the ground
that the Governor has no Jurisdiction in the
matter. The Attorney General says:
I have received and examined the letters ad-
dressed TO you by Ernest Bohml corresponding
secretary OF the Central Federated Union. max
ing certain charges against the Hon Rufus &
COwlng, City Judge of the city of New-York
In my opinion you have no Jurisdiction or an
thority TO entertain any charges against the
city judge, to institute or prosecute anv pro
ceedings against him for misconduct in office
such jurisdiction being solely vested in the court
for the trial of impeachments.
The Governor. speaking of the charges made
against Mayor Van Wyck said that he was in
wise responsible for delaying action in the
matter. inasmuch as counsel for The World"
the complainant, desired to amend the charges
The Governor then read the contents of the let-
ter of Attorney Hayes. which follows:
want TO amend the charges preferred by
The World before any formal action is taken
upon them, the situation having Changed
somewhat since they We're filed in consequences
of the Mayors appearance upon the stand after
having first refused to testify.
The Governor made no announcement touch
ing the leo Trust litigation but continued his
conferences with the Attorney-CseueraI and
Commissioned Wilcox. He left here for New
York on the 2:25 train.