Los Angeles herald., 1905-07-18

evidence taken at the Caven and Hill
hearings could not under the law be
made. He suggested that the mayor
take the initiative. Mayor Weaver and
Judge Gordon insisted that it was the
district attorneys duty to begin prose-
cutions. Mr.. Bell persisted in his re-
fusal and the New York conference fol-
lowed.
Mr.. Roots Opinion
MIR. Roots opinion of the question
was sent in letter to Mayor Weaver
today. 1t is as follows:
New York, July 15. 19O5.-My dear
Mr.. Mayor. / have. discussed very fully
with Mr.. Macveagh, Judge Gordon, Mr..
Davis and Mr.. Auerbach the facts hear
ing upon the determination of your
present duty in regard to further crimi-
nal prosecution of the frauds against
the city of Philadelphia clearly indi-
Gated by the testimony already taken
and by the further evidence which your
counsel have collected.
"It appears by the correspondence
between Judge Gordon and District
Attorney Bell that you have caused the
evidence of grave crimes by a number
of powerful and important persons in
the city of Philadelphia to be laid be-
fore the district attorney and that he
has been requested to proceed with
proper prosecutions for such crimes
either before the grand jury or before
a committing magistrate and that he
has practically declined to do either,
suggesting that you should proceed be-
fore magistrate as a private prose-
cutor.
"The reasons which led the prose-
cutting officer to take this course
shall not discuss The resulting fact
alone is important for political con-
sideration.
1T is your duty as mayor to firmly
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 the
crime. 1t then becomes his duty to
prosecute and not yours.
Has Done His Duty
SCI think you have done what the
law requires of you in this instance,
and that if the prosecutions so clearly
indicated by the evidence in your pub
Ication and in the possession of the
prosecuting officer fail for want of a.
further action, no one can justly say
that 1t is through any failure of duty
on your part do not think however,
that this settles the question as to
your future action. Although the law
does not require you to prosecute, it
permits you to do SO, up to the point
where the return of the committing
magistrate goes into the hands of the
district attorney.
e"I think in default of the action
which ought to be taken by the public
prosecutor that you should neverthe-
less exercise your right to go before
a magistrate and carry these prosecu-
tions as far as the law permits you to.
"In doing this you should I think,
invite the aid and cooperation of the
district attorney, giving him every
possible opportunity to take the prose-
cutions 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 inactiv-
ity 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 service ought to come. Thers
is more at stake here than the mere
punishment of isolated offenses. There
is the question whether your city shall
continue to be governed by criminals
or shall take it's place on the list OF
American cities capable of honest self
government. To secure the right 90
luton of this question you cannot omit
any proper and lawful effort.
Cannot Blame Weaver
when you have carried the prosecu-
tions through the hands of the commit =
ting magistrate you will have done
everything within your power, and il
the prosecutions then fail after coming
within the exclusive power of the dis
trict 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 I
find myself unable to proceed further
with you in these cases. The assump-
tion of other official duties, of which
you are aware, will prevent me. l have
taken very great interest in the cases
because l have acquired absolute con-
fidenee In the sincerity of your purpose
and Ia your pluck, and have a strong
desire that the city Of Philadelphia.
whose history and good name are 50
dear TO every American. shall be. re-
lieved from the strain which corrupt
and criminal combination masquerad-
Ing under the name Of Republicans
has put upon her.
/ wish you godspeed in your future