The Saint Paul globe., 1900-12-23
Is REM ;VEB By GOV. ROOSEVELT
ON CHARGES PREFERRED BY DEP.
UTY ATTORNEY GENERAL
HAMMOND
THE GOVERNORS STATEMENT
Says Gardiner at Election Time Of
Tended GricvousIy by Acts
Both of Omission and
Commission.


announced tonight that he had removed
from office Col Asa Bird Gardiner, dis
trict attorney of New York county, on
charges preferred by Deputy Attorney
General HI. Hammond. At the same time
the governor made it known tat he
had appointed Eugene A. Philbin, of New
York county, commissioner on the state
board of charities, and a Democrat, to
fill the vacancy.
In lengthy memorandum the governor
sets forth his reasons for removing Gel.
Gardiner He says:
CAUSE OF REMOVAL.
"The charge vitally affecting the con-
duct of the district attorney is that which
relates to his attitude at and about e!ec-
tion time toward the Indictment of Chief
OF Police Devery after the latter had
issued a scandalously improper and scd-
itiouS order to the police force under him.
Where the conduct of the district at
torney of county necessarily affects the
state, such conduct becomes a matter
Changes in the national election may
change not merely the county itself,
and the other counties of the state, but
all the states of the Union. IT is a true
maxim to assert that honest elections,
free from frauG and violence, stand at
the very basis of our national republican
form of government. There is no use in
discussing principles and issues unless it
is settled that the conslusion that
the majority reaches upon such
principles and issues shall be
honestly recorded in the election itself.
There can be no possible Justification for
any man, and, above all, for any public
official failing to do everything in his
power to prevent crime against the ballot
box. No more serious crime against the
state, and, in time of peace, no crime
more serious can be committed.
CROKER'S ELECTION ADVICE.
I'm the election of November there was
the most open incitement by certain lead
ing politicians to violence and fraud at
the polls In New York state in partie-
ular this incitement took the form of
naked appeal to mob violence-the leader
of one of the two great parties in this
state urging his followers in heated pub
lie utterances to gather at the polls and
criminally assault the officers of O-4e law
in certain contingencies Utterances such
as these, of course, excited great public
uneasiness and bid fair to cause the most
serious disturbances. but there was moth
ing to be done concerning them, so long
as they, We're only the utterances of in
dividuaIs in private life.
When, however, the chief of police Of
the city of New York, issued a public or
der to his subordinates in which he in
cited them to criminal violation of the
laW-an order which was certain to cove
and terrorize some men and to encour-
age the entire disozderly and lawlesS ele-
ment-the situation became so grave as
to call for the Interference of the chief
executive of the state and Therefore the
chief executive notified the mayor, the
sheriff and district attorney that, in view
of the issuance Of this order, thew would
be held to strict accountability for their
acts in preserving or falling to preserve
the public peace. The mayor and sheriff
promptly responded to this notification
acknowledging and showing their desire
to see that the law was observed, the
mayor taking immediate steps to force
icus order. About the same time TIE
grand jury found an Indictment against
the chief of police for having published it.
FAILED IN HIS DUTY
"A1one among the other city officers
charged with the solemn duty of enforc-
ing the laws, the strict attorney, on
whom rested the heaviest responsibility
for the enforcement of the law, gave by
public utterance, aid aad comfort to the
chief of police There is a fiat conflict of
veracity between tie district alto ney
and his acCusers on this point.
In the newspapers of the day following
those containing the publication OF the
chief of policies order, there appeared IN
terViews with the district attorney, in
which he attacked the grand jury and
justified the action of the chief of police
To give out such interviews was, OF
course to give encourdg cement to every
element which enlisted upon the side of
fraud and violence. The district attorney
denies that he gave them out. TWo Wit
nesses have testified thai ne independents
ly gave them the interviews which were
substantially the same, and IN one case
the teS tmOny is explicit tndI ne was IN
formed the interview was published.
WHO'S A LIAR?
Interviews and others like them ap-
peared conspicuously in the various
morning papers, and We're never repudiat-
ed then or afterwards by the district
attorney. He never acknowledged in any
way the receipt of the notification Of the
chief executive, which, if such a thing
had been needed, would certainly have
called his attention to the gravity of the
situation and have aroused his vigilance
as to anything he had said or might
say Under the circumstances it is inn
possible to believe that he did not give
cut such interview or was ignorant of its
publication. 1t is equally incredible that
he could be ignorant of the effect that
might be produced by such public state-
mentS from that county official, whose
special duty it should be to see to the
observance of the law in the county.
Had the other officials concerned observ-
ed or preserved q similar attitude, the
very grayest consequences must have re-
suited and the district attorney cannot
lie allowed to profit by the fact that the
attitude of others prevented the evil con-
sequences of his own acts AS to the
charge that the district attorney failed
in his duty in assisting the officers cf
the county who were engaged in pre-
venting violations of the election law, it
election. This does not appear to have
been the case at the time of or since the
election. THESE acts cannot be excused
ON the ground that they spring from folly
rather than an intent to do wrong.
'fUnder these circumstances the dis
trict attorney of the county of New York
is removed from office.