The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-07-09
LOWDIDN'H JEROMESORRY
A0UEDUCT INQUIRY OUGHT NOT
TO BE ON NOW,
But Can't Re Put or Until After Eloc-
tion, Lest tho statute Of Limitations
Run--Accuseti VIII he Neard-ar
There's a Case, IT'S for Grand Jury.

| Inc hVuetluCt NOIilihlHStoleIS, bApti wv
Attorney jerome said yesterday:
"When the testimony in regard to the
compainant's charges ia all in, the ac-
cused Commissioners will have a chance
to explain. Perhaps they can do II Salts
factorily. II they do, It will! be pleasure
to the District Attorneys Office. Corrup-
ton in public life is already manifest enough
without wanting to uncover more. IL the
| Commissioners do not appear or, appear
ing, do not explain away the charges, II is
| likely that the matter will be taken at once
TO the Grand Jury in order that speedier
trial may be had, and thus the matter may
be settled before the time of political nomi-
nations.
at il unfortunate that this matter should
have come up in a year Of election. and but
for the statute of limitations should have
laid the investigation over until after cleo
ton. As it stands, however, do not sec
what else can be done than to finish it az
| quickly az possible. While the District
Attorneys Office il not politically con-
cerned in the charges one never can be
sure what is behind a complainant case"
"The Aqueduct Commission Ia bi-par-
tisan board" said a reporter. How
could this investigation, then, be dubbed a
| political AFFAIR.""
at is upon the eve of the Mayoralty cleo
| ton" said Mr. Jerome, "and it must be re-
| membered that the Mayor, who is ex-officio
member OF the Aqueduct Commission,
refused to hear these charges, which seem
| to be daily growing stronger as witnesses
are examined who have been personally
| connected with the work upon the Croton
Dam and the reservoir. 1t is disputed
legal question whether the Mayor. subject
to the approval or disapproval Of the Gov
ernor, has the power TO remove any OF the
Aqueduct Commissioners. However, he re-
fused even to entertain these charges, and
If they are sustained and If evidence seems
incontrovertible of criminality on the part
of the Commissioners it certainly would
provide campaign material for the enemies
of the Mayor.
There are certain things coming to light
that may indicate either loose business
methods or criminal 'doings. At present
l do not know which; l have got to look
into the matter more closely before I can
decide that"
Special Sessions Justice Mayer, before
whom the proceeding against the Aque-
duct Commissioners is being carried on,
announced yesterday from the Special
Sessions bench that he would send to Jail
any one connected with the investigation
who revealed any Of the testimony given.
The law suppOses that such inquiries are
secret, so far as the court and prosecuting
officials are concerned. The witnesses
themselves are privileged to tell what
testimony they give. Those examined
yesterday by Assistant District Attorney
Train were engineers, including John
Bogart OF 40 Wall street, and inspectors.
Some of the testimony taken was TO the
effect that in certain sections Of the Jerome
Park Reservoir large stones were laid,
smaller stones were poured into the in
terstces between the large stones and the
whole plastered over, no cement being
used IA specifications require. Another
witness testified to a hole in retaining wall
permitting q stream an inch in diameter
to squirt Jet eight feet long
District Attorney Jerome said that the
testimony yesterday was Stronger in sup
port of the charges against the Commits
sioners than any 90 far taken He and Mr..
Train will go TO Iakeville with it at the end
of the week and find out the exact status
OF affairs. The records of the testimony
taken thus far are already very voluminous.
The following statement was given out
by George L. Duval, chairman OF the Mer-
chants Association Committee on Water
Supply;
The charges presented to the May or GOV
cred fragrant instances of neglect and delay
NJ the Croton Dam as well as Jerome Park
Reservoir. II the work had been properly
saved In storage the enormous amount OF
water that has run to waste from the June
rains. Every effort waa eXerted to get the
Mayor TO take the matter mp. for in that case
he could take cognzance Of all charges. The
most that he could be urged I" do was to refer
certain engineering questions at Jerome
Park to the Burr Commission, hanging up
the most essential charges in the meantime.
In the Burr Commission these engineering
questions have been tied up for nearly FIVE
months while the Mayor treasures the public
by proclamation that the Aqueduct Com
mission is fulfilling its duties III palnstaking.
conscientious and intelligent manner.
II instead OF seek Ing To suppress our charges
through the, appointment Of Commissioner
eHrfs on 'n Of e. hamed"ct Go S
the Major had exercised the power 80 plainly
vested in him, the case AGAINST the Aqueduct
Commissioners would be presented III its
entirety and this extra delay and trouble
saved I think the Mayor has clearly failed
to perform his duty.
1t will be observed that Mr.. Jerome HIM
self spoke for the District Attorneys Of
fee We .terday Statements imputed within
thu. last day or two to Assistant District
Attorney Train have been disowned by Mr..
Train. Yesterday the following letter was
sent to Mr.. Jerome
Hon William Trarcrs Jerome, District At
DEAR SIR: We represent the three A9ue-
duct Commissioners whose official conduct
plant OF the Merchants Association
There have appeared In the papers within
the last few days a number of purported
interviews on the subject with your Mr.
Train: but our estimate OF Mr.. Trains high
character is 80 at variance with the unpro-
fessional character of the interviews that
We give no Credence to their authenticity.
We beg to ask. however. whether II does
not commend ilself to your spirit OF fair
ness that Mr. Train should disclaim these
interviews and deny that he has expressed
knowledge of II is from an ex parte presenta-
ton of the prosecutors allegations at a
secret" hearing from which the defendants
are debai cd. Yours truly.
BLACK OLCoTT. GRrBER& BONYSGE.
The same lawyers wrote to Justice Mayer
to say:
Owing to illness in his family, Commits
sioner Ten Eyck will 20 TO his country home
AT South .lamesport. l., l., tomorrow Thurs
dayl afternoon. to stay until Monday. unless
he Il In the meantime recalled from there
or unless he has word that YOU desire his
presence continuously in the city for the re-
does 40. he can be recalled at any moment
by a telephoned or telegraphed suggestion of
either yourself or the District Attorney. or
ourselves.
The resgnatio ion of Chief Engineer W. X.
Hill of the Aqueduct Commission was
mentioned to District Attorney Jerome
yesterday, coupled with n quest ion AZ to
whether or not he thought it caused by
the investigation.
"He says il is due TO Illness said Mr..
Jerome sand IL ia antirply poSSihle that il