The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1901-09-12
Regular Grand Jury Will Consider
the Evidence Against
Czolgosz.
TRIAL IN THE SUPREME COURT.
Secretary Root Outlines Proceed Ire
in Prosecuting the Presidents
Assailant-Cabinet Going
to Washington.
REPUBLIC SPECIAL.

REPUBLIC SPECIAL.
Bufralo. X. Y. Sept. 1i.-Secretary Of War
Elihu Root. after conference with the
who are in the city and after talking with
District Attorney Penney. who has charge
OF the prosecution of czolsosz. outlined for
the first time to-day the method OF pro-
cedure which will be followed in the pun
ishment of the Presidents assailant.
Prosecution will take the usual course"
said Mr.. Root. THE man will be indicted
by the regular Grand Jury and will be
tried at a special term OF the Supreme
Court of this State. There is no founda-
ton for the reports that an extraordinary
Grand Jury will be drawn.
'If there should be extraditions from
other States these also will follow the
usual method of procedure-that is to say.
the accused persons will be first indicted
and then a request will be made upon the
authorities Of the State in which they
may be, to permit them to be brought here
for trial. OF course. Czolgosz will not be
present for indictment until the full extent
OF the Presidents injury is known
Root Directing Prosecution.
Mr.. Root. in whose ability as lawyer
Of the Cabinet have the utmost confidence.
has taken a leading part in deciding upon
the plans for the prosecution of Czolgosz.
and nothing has been done in regard to the
matter without his approval.
Another matter which Mr.. Root discussed
more freely this evening than he has a,
any time since the attack upon the Presi-
dent was the feeling among the members
of the Cabinet in regard to the possibility
! that Vice President Roosevelt might b.
called upon. under the constitutional pro.
vision. to act as President during the in.
capacity" Of President Mckinley.
Il think that the meaning of the Consti.
tuition as it bears upon this point has beer
| well settled said Mr.. Root. You will re
| member that during President Garfield's
illness 1t was though: unnecessary to cal
upon the Vice President. 1t was not the in.
tention OF the Constitution that the Vice
President should act during a merely tenn
| porary disability of the President On tn.
other hand. II the President should become
l permanently incapacitated mentally. saw b,
| insanity. 1t would then be clearly necessary
for the Vice President to take his place,
rs 1t FOR the members OF the Cabinet tt
decide when incapacity exists in a sufi
| cient degree to make 1t necessary for tn,
Vice President to act as PRESIDENT he wa:
| asked.
For Vice President to Decide.
NO doubt the opinion of the members o,
l the Cabinet would have some weight" sait
| Mr.. Root. but I think II would be for tn,
| Vice President himself ultimately to de
l eide when the time had come for him t.
l assume the powers Of the President
| II is understood that the President ha. in
| dicated that he would feel easier IL he knew
| HIS secretaries were in Washington. Mr.
Root announced this evening that he woult
| return to Washington tomorrow at
| o'clock. This indicates a change In hi
i plans. he was about to leave for hi
summer home on Long Island for a com
| plete rest when the news of the attacl
upon the President reached him. 1t ha.
been his intention to carry out this plal
| as soon as he was assured beyond doub
| Of the safety of the President
The return OF the Secretaries to Washing
| ton does not mean that they regard tn
President as completely out of danger. The
feel however. that any change in his con
dition hereafter that may occur will b
sufficiently gradual to enable them to rcacl
him from Washington in case their presenc
should be deemed necessary.