The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-18

trate as a private prosecutor.
1.-The reasons which lead the prose-
cutting officer to take this course 1
shall not discuss. The resulting fact
alone is important for political consid-
Grafton.
Mayor Viewers Duty.
''It is your duty as mayor of the city
to see that the laws are enforced and
when you find that they are being set
at naught by criminal combinations it
is your duty to bring the facts to the
knowledge of the officer who is elected
by the people to prosecute crime and
it then becomes his duty to prosecute,
and not yours.
81 think you have done what the
law requires of you in this instance
and that if the prosecutions clearly
indicated by the evidence in your pos
the prosecuting officer fail for want of
further action, no one can justly say
that 1t is through any failure of duty
on your part. 1 do not think. how
ever, that this settles the question as
to your future action. Although the
law does not require you to prosecute,
1t permits you to do so, up to the point
where the return of the committing
magistrate goes into the hands of the
district attorney.
81 think in default of the action
which ought to be taken by the public
prosecutor, the great interests which
YOU have undertaken 10 SuDS6IVG de-
mand that you should nevertheless ex-
ercise your right to go before a
magistrate and carry these prosecu-
tons as far as the law permits you
to do.
"In doing this you should, 1 think.
invite the aid and cooperation of the
district attorney, giving him every pos
Sible opportunity to take part in the
prosecutions and to perform the duty
for which he was elected.
Grimes committed by men who have
political power are often sheltered be-
hind official Indifference and inactivity
and then someone has to do more than
his duty to secure justice, and you will
not be the first public officer who has
done a great public service against the
resistance of those from whom the ser
vice ought to come. There is more at
stake here than the mere punishment
of isolated offenSeS. There is the ques-
| to be governed by criminals or shall
| take its place on the list of American
! cities capable of honest self-govern-
ment. To secure the right solution of
| this question you cannot omit any pro-
| per and lawful effort.
When you have carried the prose
| cutions either with or without the dis
trict attorneys aid through the hands
| of the committing ma gistrate you will
have done everything within your pow
| er, and if the prosecutions then fail
after coming within the exclusive pow
! er of the district attorney and the
| Augean stables remain uncleaned the
| people of the city cannot doubt who is
responsible for failure.
| 1T is with very great regret that
| find myself unable to proceed further
with you on these cases. The assump-
ton of other official duties of which
| you are aware will prevent me. I have
taken very great interest in the cases
because I have acquired absolute con-
] fidence in the sincerity of your purpose
| and in your pluck and persistency; and
l have strong desire that the city OF
Philadelphia, whose history and good
| name are so dear to every American
shall be relieved from the stain which
| a corrupt and criminal combination
| incorporating under the name of Re
| pubIicans have put upon her.
II wish you Godspeed in your further
efforts. Very sincerely yours,
'ELIHU ROOT"
Hon. John Weaver, Mayor. Philadel-
phia.''
In the midst of the controversy be
tween District Attorney Bell and the
mayors counsel, Mr.. Bell sustained {
broken leg through the falling of al
elevator in an office building. Whether
Caven and Hall is not known Undel
law passed by the last legislature
criminal proceedings can be conducted
by a special district attorney instead o
the district attorney himself or his as
sistants. The states attorney genera
is authorized to appoint a special dis
trict attorney upon the request of on
of the presiding judges of the count.
courts.