The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-19
BACK DOWN ON ODELL LISTS.
SOME APPROACH TO DECENCY IN
CHALLENGING AFTER THIS.
supt. Morsan's Statutory Legal Adviser
Gives Him Another Dose OF Law
About His Illegal Procedures and
Proposes to Supply More ~ Needed.

Gives Him Another Dose or Law
About His Illegal Procedures and
Proposes to Supply More ~ Needed.
There will be no challenging at the regis
tration places next Friday and Saturday
Of persons against whom nothing Is known
except that their names are among the
100000 on Superintendent Of Elections
Morgan's omnibus lists. Governor-Chair-
man Odell has realized that his scheme to
hamper the registration has failed, end
between now and Friday Mr.. Morgan will
receive an intimation, IL he has not already
received it, that 1t will be just as well'if he
directs his deputies and the election officers
to pay no more attention to the omnibus
lists.
1t Is known that Mr.. Morgan is not salts
fed with the position he finds himself In.
Yesterday morning he called on Mr.. Odell
at the Fifth Avenue Hotel and had long
talk with the Observation-Disclosures, who,
however, declared that Mr.. Morgan had
come merely to consult with him, whether
as Governor or chairman was not stated =,
concerning the work of the bureau.
Deputy Attorney General Collins adj
ministered another blow to the Odell sys-
intendent of Elections that he had gone
outside of the law in canceling by the
wholesale certificates of naturalization
where there appeared to be no we'll founded
evidence that the papers were obtained
by fraud Moreover, Mr.. Collins protested
against the action of the Superintendent
of Elections in seeking the advice Of the
United States District Attorney in these
cases instead of the advice of the Attorney
General
II appears that Mr.. Morgan sent back
Mr.. Collinss opinion of the day before
with the information that when he wanted
legal advice he would ask for it. Then
Mr.. Collins sent it back, mot to be accepted
as matter of favor by you, but as commu-
nication coming directly from the Attorney
Generals Office under the authority con-
ferred on me by law az your special counsel
and adviser"
With this rough reminder that there are
Others" Mr.. Collins quotes the law directing
him to act as such special counsel and
adviser to the Superintendent Of Elections
Executive Law, Sec. 57), giving him "imme-
diate charge of all matters referred to"
in said Section 81, and empowering him to
He encloses complaints from White Il
Brande, attorneys, of illegal conduct in Mr..
Morgan's office. with a request for tine re-
turn Of certain certificates of naturalization
alleged to have been illegally seized. He
goes on:
On yesterday, when ! appeared in the Su-
preme Court on the return OF certain orders
to show cause served upon you, it was neces-
sary to make an examination OF the records
of the Supreme Court for the purpose OF de-
termining in what manner certain certificates
of naturalization were cancelled and from
that investg cation, together with other In
formation obtained by me, l learned that APP
plications are made Oh the motion of the
United States District Attorney in proceed
ings entitled in the matter of the application
for naturalization, which applica-
Court of this State, and that at various times
the persons whose papers were taken from
there and after having given certain infor
nation to, the Deputy SUPERINTENDENT OF
Elections there present. when neither you nor
your chief deputy We're present, were sworn
BY notary public and induced to sign
printed blank before notary, public stating
that the papers were IrBudulently obtained
by them, aud that on the strength of these
statements the printed blank referred TO was
handed over to the United States District
Attorney. who then made the application 10
the supreme Court.
The application to cancel certificate OF
naturalization is. OF course, civii proceed,
before our state courts, made under the
title or the original application of the In
ddns seSted f9I tbe.s
YOU found II necessary to call in the United
States District Attorney TO make such mo
more than | can possibly understand. and
Undoubtedly leaves your office OF the su6ordi-
mates in your. offise. open to the suspicion
conceiye th4t YOU as q competent lawyer.
eoaid regard the action Of bringing in the
United 6ss Of State %Sosa
You as defined by law. as Unsuitable in any
respect whatever and such course ,b;s Is aps 70
Overlooked because of our differences or
political opinion. During all OF the time
ihst ye a9's and Pshs have
the dir ection, Of the Attorney General, to
perform my duty in a faithful and conssien-
ton cf politics, and the results OF my eiloits
together with your own published admissions
on the subject. is proof positive that this
it may Be that the cancellations in all Of
these instances were justified. but 1t is equally
leading up to the cancellations and. as the
attorney who must appear in court 70 repre-
sent you on all returns made to the court.
hitting to the court that have been in part
ousted by the United States District Attorney.
when as a matter OF TACT shoulu not nave
been. "
have informed you repeatedly that under
the metropolitan election laws witnesses
subpenaed by you cannot be examined
under oath before any one except your chief
deputy or yourself. and the subp9pas spe,
officially cali for appearance before you. l
have informed you also that under the pro-
visions OF section ~ O Of the penal code.
in proceeding against John Doe. wherein
a witness Is called upon to testify under oath
such witness is forever after protected from
criminal prosecution for the offence In rela-
ton to which he testified and Is entitled to
the fun immunity even by the provision OF
law referred to. Such Ia the position which
was to your knowledge taken In the case OF
tho People vs.. Colenasi and expressed In the
brief furnished by this Office to the Supreme
Court, in which proceedn gs. as you are aware.
Judge Levenrftt declared in favor Of the
contention Of the Superintendent OF Elections
IL must. therefore. be apparent TO you
that these proceedings conducted by the
deputy superintendents Of elections. other
than the chief deputy. wherein the state
ments of testimony are reduced to- writing
and the persons so testifying formally sworni
and, after so swearing, arrested by one OF
your deputies and turned over to the United
Sta tea authorities. are directly contrary TO
the law and your action along this line, in
not Informing the Attorney Generals ONCE
OF your course IN this ma tier II not absolutely
In violation Of the law. is certainly an act OF
gross discourtesy. -,
This matter is referred TO you with view
of requesting your immediate attention and
consideration OF the whole subject, ask