New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-10-06

Senator w. w. Armstrong chairman OF the
legislative committee, in letter sent yesterday
to the Nathan Hale Council, Royal ArcanuIn'
announces definitely for the first time that the
committee proposes 10 devote some time to
fraternaI insurance"
AS predicted exclusively in The Tribune
several days ago. District Attorney Jerome be-
fore Justice Davy. in the Criminal Branch Of
the Supreme Court, publicly abandoned yester-
day, for the present at least, his idea OF spe-
cial grand jury to investigate the insurance
scandal. For some months the June term OF
the court has been kept in session awaiting the
District Attorneys determination Of his duty on
| this subject. In lengthy address to the court
| he gave his reasons for not asking for an ex-
| traordinary grand jury at this time. They are,
| in brief, that the question Is now being fully
| thrashed out by legislative committee, now in
session, and that while il might be a popular
| thing for him to proceed at this time, he does
not believe in increasing the work necessary to
| get at the facts concerning this widespread
| scandal.
Justice Davy. after hearing the District At
| torney, granted his motion for the adjournment
| Of the court. sine die. without special grand
| jury. adding:
| you have investigated this matter fully and
you must take the responsibility"
ACTION MERELY POSTPONED.
In his address to Justice Davy. Mr.. Jerome
| declares that had nothing developed" between
| the adjournment Of the June term and now
| he would have asked for the impaneIling OF
| extraordinary grand jury. Since that time,
| however, the legislative committee had begun
| its investigation. The committeeman, continues
| Mr.. Jerome have obtained extremely able and
upright counsel, who command the respect of
| this community. They have already had num-
| Der OF sessions. conducted in way to command
| the respect Of the community and to win con-
| fdence in their entire good faith"
Mr.. Jerome says that the legislative commit
| tees Investigations have shown greater moral
| obtuseness and obliquty than that con-
tanned in the Equitable revelations. In closing
/ Mr.. Jerome intinates that he will ask for an
| extraordinary grand jury when the legislative
| committee shall have closed its work.
| Senator Armstrong; reply to the letter OF in
| quiry sent by Nathan Hale Council, Royal Ar
| canun, of Huntington, Long Island. is as fol-
| lows;
| have your favor of the Dist inst. with in
| closure which we have turned over to Mr.. Nc
Keen, Of our counsel, for further consideration.
| We intend to devote some time to fraternal in
surance before we finish our iabors.
Attorney General Mayer was expected in town
| last night but had not arrived up to late
| hour.
On the ground of discrimination. the New
York Life it is said. will ask courts Of equity to
grant njunctions restraining the insurance COM
missioners from interference with the company
! efforts to obtain policyholders in the commits
| sioncrs' respective States. Neither Richard A.
| NcCurdy his son, Robert H, was in town
last night.
Albany. Oct. 5.-Attorney General Mayer said
| to-day:
| Daily inquiries are being made Of me as to
the prosecution Of alleged criminal orences IN
connection with insurance. There seems 20 be
| an impression that the Attorney General has
original power authority to prosecute sucn
offences if they have been committed. The At
| torney General has no original power or au-
thoriJy to prosecute for criminal ofences ex-
cepting those against the elective franchise IN
certain
Section % of the executive law defines his gen
eral duties and a reading Of that section will
show that authority to prosecute criminal
offence is conferred upon him only when re-
ouired by the Governor, Secretary of State, Con-
troIler Treasurer or State Engineer in certain
cases The initial duty, however, OF prosecut-
ing indictments found by the grand jury OF any
county rests upon the District Attorney OF the
county IN which the Indictment is found
It has been the long settled policy OF this
State not to interfere with the prosecution
officers Of the various counties unless for some
substantial cause shown.