New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-12-19
GARDINER MAKING REPLY
WILL QUESTION RIGHT TO SUPERSEDE
HIM BY DAVIES'S DEPUTIES.
POLITICIANS CONVINCED THAT CHANGE
is TO BE MADE IN THE DISTRICT
ATTORNEYS OFFICE.

District Attorney Gardiner was at work yes
which had been preferred against him by John
H. Hammond. the Deputy Acknowledgement de-
tailed to the office of the State Superintendent Of
Elections His answer must be filed with the
Governor tomorrow. Some friends Of the Dis
trict Attorney in the Criminal Courts Building
said the answer to the Governor probably would
raise a question as TO the constitutional right
Of the Attorney-General to send an appointed
officer to supersede the District Attorney elected
by the people in the prosecution of cases in
New-York County. The most serious OF the
charges. it was said that the District At
torney had interfered with the Attorney-Gen-
erals deputy in the prosecution of the election
cases, and particularly refusing subpenas TO the
deputy. The only way get around such a
charge. it was said, to declare that the Dis
triet Attorney had the constitutional right to
prosecute all cases in the county.
Lawyers who are familiar with the decisions
on the subject said yesterday that the District
Attorney could escape by pleading constitu-
tional rights They said that recently the ques-
ton of the Attorney-GeneraIs right to take
from the District Attorney the prosecution of
certain cases was raised before Justice Furs-
man in the Supreme Court, and the Justice gave
a decision that the Attorney General had such
right under the State Constitution. There has
been no appeal from that decision.
Some Of the Tammany politicians at the City
Hall and at the Criminal Courts Building were
declaring yesterday that the removal of District
Attorney Gardiner by Governor Roosevelt would
have the effect of helping .Tammany Hall in
next years municipal campaign. The people,
ii was declared by the politicians would believe
that the Republican State officials were ready
TO violate home rule principles and steal an
son or justice The politicians evidently believe
that the Governor will turn District Attorney
Gardiner out of office and appoint successor
before the close of the year.
It was suggested by some of them yesterday
that the Governor might feel that he was i'm
posed upon by District Attorney Gardiner and
induced TO believe that the District Attorney
was seriously i'll at the time Of the investigation
Of the City Clubs charges. and that the Dis
trict Attorney treated the Governor, with scant
courtesy in falling to make reply to the Gov
errors letter regarding the order Of Chief Of
Police Devery that was revoked 1t is recalled
that the Governor wrote letters TO Mayor Van
Wyck, Sheriff GrelI and District Attorney Gar
diner, on the day. before the election, calling
their attention to the order that Devery had sent
out to the police and declaring that the officials
would be held to account if there were disturb
ances at the polls on account OF that order.
Mayor Van wyck hastened 70 send a reply to
the Governor and to have Devery revoke his
order Sheriff Grell spent half the night search
ing for Superintendent McCullagh and trying TO
assure him that the whole force Of the Sheriff $
office would be placed at his disposal. District
Attorney Gardiner, ii is said, paid no attention
10 the Governors communication, and did not
even reply to it.
What the District Attorney thought about the
order Of Devery was indicated by his declara-
lions at the time of Devery's Indictment that
the Indictment was an outrage, that Devery had
the right to send out the order. that as no overt
act had been committed under the order DeVery
should not have been indicted, and that the in
dictment would have 10 be dismissed he
also declared that his name had been appended
to the indictment without his knowledge or con-
sent, and that the indictment OF Devery looked
like Republican intimidation.
Republican politicians IN the city yesterday
professed TO be unable to guess who would be
appointed District Attorney Of Network Coz nty
if District Attorney Gardiner is removed fro m
ONCE. Some of them said that they thought
the Governor would be inclined to appoint a
Cleveland Democrat like Austen G. Fox or wal
lace MacfarIane. Others said he might be m
clined to appoint such & Republican as Jchn
Proctor Clarke in the expectation that Mr..
Clarke would be the anti-Tammany canoldate
for District Attorney in the election next rall
II was said that the Governor might De ex-
pected to take upon his own shoulders all the
responsibility for the removal or District Attor-
new Gardiner and the appointment If sue
cessor.