The sun., 1900-12-23
Gov. Roosevelt Removes The Dix.
tTiet Attorney
AFTER SEVERE AARAIGNMENr
E. A. Phiilil. ForEG' L;W Pl7ti9? q
Justice DGeGnil, SnG,3GiS Hill.


the interviews Ihat Lined H,n a., .sa?-
porting chief % very In III, Di,7raoc,rI
order Issued Befor Eic,tio The Di,,rict
Attorney Neys Aoknowie red tho Coz
srnor, Telegram in Which the Governor
Forced tn Withdrawal OF Tbst or,,r
ALBASy. y. Y, Dec. 22. Coy. Rooscvr',
Al II o'clock tonight removed Distric, Attor-
ncy A a Bird Gardner Of NeS York and -
pointed Eugene A. philbin, a Gold Demo,r ID. I.
TO I'll the vacancy. Mr.. Pillbin formerly
was a law partner OF the late justice
Beekman.
In removing District Attorney Gardner
Gov. Roosevelt filed the folio ing opinion:
In the matter of charges preferred against
Asa Bird Gardiner the District Attorney
OF the county Of New Iork-OTinion.
The charge vitally affecting the conduct
OF the District Attorney ia that which relates
tn his attitude at and about election time
toward the indictment OF Chief OF Police
Devery, after the latter had issued a scam
dalouslv improper md sedltious order to TIE
police force under him.
Where the conduct - the District A.
torncy " the county of New York affects
elections. this conduct becomes matter
not merely " county. but ~ State and ma
tiunal concern. Fraud or violence at tho
polls OF New York county in national elec-
tion may concern not merely the county itself,
not merely the other counties Cf the state,
but also the other States of the Union
1T is mere truism 10 assert that honest
elections. free from both fraud and violence
stand 1T the very basis OF our form OF repub-
lican elf-government. There ia no use /,
discussing principles and issues unless II
is settled that the conclusion which the ma
tcrity reaches upon such principles and
issues shall be honestly recorded in the cleo
ton itself
There can be no ossibs Ju' tiication for
any man. and above all for any public off,
Ger. failing to do everything In his power
TO prevent crime against tho ballot box No
more serious crime against the State. and.
in time Of peace. no crime as serious can be
committed.
Before the election last November there
was the most open Indictment by certain
leading politicians to violence and fraud
at tho polls In New York state, in patton.
lar. this inctement took the form of a naked
appeal TO mob violence. the leader Of one OF
the two great parties in this State urging
his followers in repeated public utterances
70 gather at the polls and Grim lnaly assault
the officers OF the law in certain contingent
cies.
Utteranccs such as these Of course excited
great public uneasiness and bade fair TO cause
the most serious disturbances; but there was
nothing To be done regarding them 40 long
A thew were only the utterances of Individual.
in priyate life
when. bowsver. the Chief or no,ico NJ ths
city Of New York issued a public order IN
his subordinates in which he incitsd ,hcm
TO criminal yiolati, N of the inv an n dor
which Wa, certain To COW and terro-i,e .o,.
men. and to snconrase the entire di,o ,ie,lv
md lav,e.s element the .ituatI,n becao.
40 grave as to call for the interference n, m,
Chief Executive OF the S,qte
Accordingly. the chief Executive ro,lnei
the Mayor. the sheriff and the District A.
tornev that IN Wow Of the issunnce of mi.
order they would he held 70 n strict account
hut.y for THAR sc,s in prescryinp. or failInu
,o nr.serys the pubIic ne,c.
-Tbe Navor and the sheriff pronptIv
r.snopd.d 10 thi. notiecation .,nr..sln,
srd .ho~tny ,b.ir d..ir. ,o sss that the Iaws
war. observed tn. Mavor taxing immedi,t.
.t.n. ,o fore. IN. chief of nolice % resci,d
,h. ohno,iou. order it..f Abopt tho .ams
TIM. the Grand Jury found an indic,ment
:. .a.Ir., IN. Cbief Of Police for b,vino i..ued
!,
..,o,..uo,p tn. otbsr oi,v officials ch,r1ca
.,,h ,h. sol.mn dutv Of enforcing IN. I.w.
On. Di.,rict Attorncv. on whom restsd m.
heaviest responsibility In the enforcenent
of IN. law rave. bv public utt.rsncs. Ala
And comfort 70 IN. chief OF police Thers
Is a Eat conflict Of veracity between the Dia.
tr,r, Attorney and his accu.ers on this point
In tho news,aper. Of the day follorinr.
these containing the publication Of tho Chief
n, police's orders there appeared inter.