New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-10
SEEKS HOGAN'S REMOVAL
MORGAN MAKES CHARGES.
Declares Magistrate Tiotated Code IN
Election Cases Proceeding.

George w Morgan State Superintendent OF
Elections announced yesterday that ne Would
refer charges against Magistrate Hogan 10
the Appellate Division of the Supreme court ana
ask for his removal from Office MI. Morgan
determination to proceed against Magistrate
Hogan is not because of any peTsonal Ieehhs' ne
says, but because OF the magistrates refusal
TO adjourn election cases in the Morrisana Court
on Tuesday, and his refusal to permit the law
yers representing Mr.. Morgans office to state
the grounds on which the adjournments were
asked so as to have the facts on the court
record.
II MAGISTRATE Hogan had been content with de-
claring in open court that Mr.. Morgan ana
Magistrate Crane were in a 'damnabie con-
spiracy" 10 have warrants in election cases is
sued over his head in the Morrisana Court de-
claring that Mr.. Morgans assistants were
thieves and midnight marauders, who went
about when honest men were asleep, trying TO
disfranchise honest voters, and telling MI Nor
gan over the telephone that he might GO TO
h-r' his display of Tammany indignation
over the efforts being made TO prevent 1rauos
in the election might have gone unnoticed. Mr..
Morgan declares. but he ran violently against
the plain provision of the Code of Criminal Pro-
cedure in Section 95. This provision is the one
intended TO limit the right of a magistrate 10
discharge prisoner in the absence or com
plainant when good cause can be shown for an
adjournment of the case.
TT is customary" Mr.. Morgan said yesterday
Gin all cases where a complainant does not ap-
pear in court. that IL good cause can be SHOWN
for an adjournment, the magistrate grants the
adjournment. Magistrate Hogan. in the MOT
risania Court would not hear any reason Tor
adjourning the cases, but discharged the prls-
oners without granting the adjournment asked
for which is against the letter OF the law. Ii
he had allowed counsel representing this office
to state the reasons for an Adjournment the
reasons would have been that the deputies who
made the complaints were detained at the poll
ing places in the discharge OF their duties ana
would appear at the adjourned hearings.
Hearing from my deputies at the court that
the magistrate refused to allow any statement OF
the reasons for adjourning the cases, l got into
communication with Mr.. Hogan by telephone
and read TO him the section of the Code OF GRIM
inal Procedure bearing on the cases. He SAID
was irving to threaten him. I told him that L
vas telling him what the law was, and that IL
he did not abide by it 1 would see what the
Appellate Division of the Supreme Court mad 10
say on the subject. He told me to go to h.
Personally. do not care what he says about
me but when he refuses to abide by the law and
discharges prisoners without granting adjourn
ments to enable the companants to be pres
ent where good cause could be shown for the
adtournments l shall make charges against
him. 1 shall get sworn statements OF what he
said in refusing to grant adjournments, and on
them the charges will be based
Mr.. Morgan said that he did not want to talk
much about the work of his office In preventing
frauds at the election until he had the oppOr-
tunity to compare the total vote cast in some
Of the districts With the registration in those
districts.
II can say, however he added. that the loss
| in registration in certain districts in which there
| was no loss in the voting population was due to
| the work Of my deputies in sitting the Illegal
| naturalization. Many persons who had been &C
| customed to register and vote fraudulent
naturalization papers in those districts did not
register this year. I believe, too, that the fail
ure Of thousands of persons who had registered
| Illegally to appear at the polls yesterday was
! due to the fact that they knew had evi-
| dence against them and would arrest them il
| they voted
! Magistrate Hogan, at his home last night de-
| cared that II Superintendent Morgan means Il
make 2 fight nothing would suit him better. He
said
So hes going TO the Appellate Division. is he
| Well. did tell him TO go to -, and he can
for all care, take the suggestion literally as
he likes.