The sun., 1902-03-02
The Gov ernor's Authority Over Dis
trict Attorney.

Il ID interesting TO observe the devel-
opment of the new political theory that
the Governor is entitled directly to super
wise the conduct Of all public ofioers In
the State.
In reference to the complaint OF the
Society for the Prevention Of Crime that
the Liquor Tax law is not properly en-
forced IN this county, Governor ODELL
has addressed letter to District Attor-
nsy JEROME in which he says;
You are, therefore sIpectedto use all Legitimate
ana necessary means within your power 70 seours
the arrest. indictment and punishmens Of those
psrsops wno nsy be guilty. Of the crime speened In
the comylsini OF said society,"
Speaking Of this communication, the
District Attorney declares that as his
superior officer the Governor has the
right 10 call upon him for the enforce
ment Of fthelaw.
The duty OF q District Attorney is to
enforce the laws for the punishment OF
crimes committed within his county.
The Governor is not public prosecutor,
and Is vested with no powers as such.
He is not the superior officer OF the Dis
trict Attorney in any such sense as to
authorize him TO direct the District At
torney TO adopt or refrain from pursuing
any particular course Of official conduct;
and We are not aware that any Governor
has heretofore assumed to do 30.
1t Ia true, the Constitution requires the
Governor TO see that the laws are faith
fully executed; but this requirement has
mover yet been construed into grant OF
power to interfere with the action OF the
county prosecutor by debating to him
what course he shall follow In the dis
charge Of duty under a particular law.
OF course, the sanction under which
such a communication comes. as that
from which we have quoted, Is plain
enough. Behind it lies the thinly veiled
threat Of removal from Office. The
power which the Constitution Of this
State gives to the Governor to remove
District Attorneys and Sherifls from
Office is extraordinary in character,
because it Is not subject to judicial
review, provided the accused officer re-
ceives " a copy of the charges against
him and an opportunity of being heard
in his defence A policeman or fireman
who ia dismissed from the public service
may have an appeal to the highest court
In the State, but District Attorney
or a Sheriff who is turned out OF office
by the Governor is not entitled to ap-
peal TO any tribunal whatsoever. No
matter how unjustly he is disgraced
he has no legal redress.
The Constitutional Convention OF 1894
left this arbitrary authority over these
county officers still in the hands OF the
Governor because up to that time it
had not been abused. No District At
torney or Sheriff had been removed
except upon plain proof Of such mis-
conduct as would have justified an
indictment. But il the provision is
to be turned into a club with which
to control from Albany the admins
tration OF every District Attorneys
Office in the sixty-one counties OF the
State, it will make the Governor the
real arbitrator of public prosecutions
everywhere, and the people Of the sew
eral counties need no longer be at the
trouble of selecting their own District
Attorneys. If the Governor is their
superior officer" as Mr.. JEROME says
he is, why not make the subordinates
appointive, and abandon the pretenc ce
that they are the servants Of the people
who elect them?
We confess we do not like this con-
slant grasping on the part Of the Empire
State Executive in every direction for
more power.