The Savannah morning news. (Savannah, Ga.) 1900-current, 1900-12-23

New York.
Albany. y y. Dec 22-Gov Roosevelt
announced tonight that he had removed
from once Col. Asa Bird Gardiner. dis
trict attorney OF New York city. on
charges preferred by Deputy Attorney
General II. II. Hammond At the same
time the Governor made it known that
he had appointed Eugene 4. Phnbin Of
New York city. commissioner on the
state Board Of Charities. and Demo
crat. to hn the vacancy.
In a lengthy memorandum the Cover.
nor sets forth his reasons for removing
Col. Gardiner. lie says.
The charge vitality affecting the con
duct OF the district attorney is thas which
relates to his attitude az and
about the election toward the
indictment OF Chief Of Poll e
Devery after the latter had issued
scaudalously improper and seditious or
der 10 the police force under him.
when the conduct OF the district at
torney OF the county OF New York at
fects elections this conduct becomes q
matter not merely Of county. but Of state
and national concern Fraud or violence
al the polls IN New York county IN
national election may concern not merely
the county itself. not merely the
counties OF the state, but also the other
states OF the Union. II Is mere truism
% assert that honest elections, free fIpm
both fraud and violence. stand at the very
basis Of our form OF republican seif-sov-
ernment
There Is no use OF discussing pr.rc.-
plies and issues unless it is settled that
the conclusion which the majority reaches
upon such principles and issues snail be
honestly recorded IN the election itself.
There can be no possible Justification for
any man. and above all fof any public
officer. falling 90 do everything IN his
power 70 prevent crime against the bal
tot box. No more serious crime against
the state. and ia time of peace. no crime
as serious. can be committed.
Before the election last November
there was the most open incitement by
certain leading politicians 10 violence and
fraud at the polls. In New York state ~
particular this incltement took the form
Of a naked appeal 70 mob violence. the
leader OF one OF the tNo parties ia this
state urging his followers in repeated
public uttcrances 20 gather at the polls
aud crimiualy assault the officers OF tho
law in certain coutinEeucics. tttrranees
such as these Of course eNvs.ed great pub
llc uncasiness and bg4e fair 40 he the
most serious disturbance. but tEcre was
ucthing TO be done regarding them 30
long as they were only the utt.rances Of
individuals In private life.
When. however. the chief Of police of
81 Of "a ln lHT'-
der to his suboriinates on which be in-
cited them 70 criminal violation Of the law
an order which was certain 20 cove aud
terrorize some men. and TO encourage the
entire disorderly and 1wless element, the
situation becomes so grave as 20 call
for the interference Of tho 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 hcd 10 a strict
accountability for their acts IN preserv-
ing or falling TO preserve the public peace.
The Mayor and sheriff promptly re-
spunded 20 this notification. expressing
and showing their desire 10 see that thc
laws were observed. the Mayor taking i'm
mediate stcps TO force the chief ot police
to resclnd the obnoxious order itself
About the same time the grand jury found
Indictment against TIE AAtAtA "a HAAANH
for having issued Il.
alone. among the other city officials
charged with the solemn duty OF enforc-
ing rhe laws the district attorney. on
whom rested the heeviest responsibility of
che enforcement of the law. gave by pub
lic utferauce. aid and 'omfort 20 the chief
Of police. There is a hat conflict Of We
racltv between the district attorney and
his accuscrs on this point. In the
newspapers Of the day follow
ing those containing the publicg-
ton Of the chief or policies order. there
appoared interviews with the district at-
torncv in which he attacked the grand
Jury aud Justified the action of the chief
of poilce. To give out such interviews
was. OF course, 10 give active encourage
rpent 10 every element In the community
which mas enlisted on the side of
fraud or violence The district attorney
saws that he gave them out. Two Wit
pesses have testified that he independent
~ gave them interviews which were sub
atantiaily the same, and In ono case tho
testimony Is explicit that he is
Informed that the interview g.
for publication. These interviews ami
others like them appeared conHpicuousiy
In the various morning papers. and were
never repudiatcd then or afterwards ~
the district attorney. He never aeknowi-
edged ln any way the receipt Of the no
flncatlon hv the chief executive wnieh.
N ANYTHING had been needed. would GER
tatnlv have called his attention 70 the
Gravity OF the situation. and have aroused
his vigilance as 10 anything he might
sav or had said. Under the circumstance
y a impossible 70 believe that he did
not give such interviews. or that he was
Ignorant OF their publication. II b equal
Iv Incredible that he could be ignorant
81 the effect that might be produced by
such public statements from that county
oficial. whose special duty II should De
"a see 20 the Observance OF the law in
the county. Had the other officials cou-
cerned assumed or preserved e similar
attitude. the very gravest consequences
might have ensued. ana the district AZ
,orney cannot be allowed TO profit by the
fact that the action OF others prevents1
the evil consequences OF his own acts.
"AS TO the charges that tho district as-
torney failed IN his duty IN assisting the
oflcsais OF the Attorney Generals once
who were concerned in preventing viola
tons OF the election law " appears that
there IVES such a failure In. az any rate.
certain cases prior 70 the election. This
does not apuear 70 have been the case
after the eiectlon. II was impossible
again 70 accept the plea that acts like
these are 10 be excused on the ground
that they spring from foxy rather than
from asntent 70 do wrong.
Under these circuulsiences the di4trics