The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-07-18
SECRETARY ROOT
GIVES ADVICE
Continued from Pare 1,

( termination of your present duty in
regard TO further criminal prosecution
or the frauds against the city of Phila-
delpia clearly indicated by the testi-
mony already taken and by the fur
. tner evidence which your counsel have
, collected.
1T appears by the correspondence
between Judge Gordon and District
( attorney Bell that you have caused the
eNiaence or grave crimes by "a number
! OF powerful and important persons in
the city of Philadelphia to be laid be-
tore the district attorney, and that he
mas 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-
Tore magistrate as a private prose-
The reasons which lead the prose-
cutlng officer TO take this course / shall
not discuss. The resulting fact alone
ton.
Duty to Prosecute.
1T is your duty as mayor firmly to
see that the laws are enforced and
when you find that they are being set
at nought 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
a
and not yours.
Il think you have done what the law
requires of you in this instance and
that If the prosecutions so clearly in
dlcated by the evidence in your publi-
cation and i'm the possession of the
prosecuting officer fail for want of
further action, DO one can Justly say
that II IS through any failure of duty
on your part L do not think however
that this settles the question as to
IL
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.
Law Permits Action by Mayor.
Il think in default of the action which
ought to be taken by the public prose-
.cutor that you should, nevertheless, ex-
erc1Se your right to go before a magis-
trate and carry these prosecutions 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 pos
s1ble opportunity to take the prosecu-
tions 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 some one has to do more than
his duty to secure justice and YOU
viii 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. There is more
at stake here than the mere punish
ment Of isolated offenseS. There is the
question whether your city shall con-
tinue to be governed by criminals or
snail take its place on the list of Ameri-
can cities capable of honest self-gov-
eminent To secure the right solution
Of this question you cannot omit any
proper and lawful effort.
People Will Know.
when you have carried the prosecu-
tons through the hands of the commit
ting magistrate, you will have done
everything within your power, and if
the prosecutions fail after coming with
in the exclusive power of the district
attorney and the augean stables remain
unclaimed, the people of the city cannot
doubt who is responsible for the fail
ure-
1T is with great regret that find
myself unable to proceed further with
you in these cases. The assumption of
other official duties, of which you are
aware, VIII prevent me- / have taken
very great interest in the cases be-
cause have acquired absolute con-
fidence in the sincerity of your pur-
pose and in your pluck and l have
strong desire that the city of Philadel-
phia, whose history and good name are
81 dear to every American, shall be
relieved from the strain which a cor
rupt and criminal combination mas
querading under the name of Republi-
cans have put upon her.
4 wish you Godspeed in your fur
Their efforts
Very sincerely yours.
'ELIHU ROOT"
In the midst of the controversy be-
tween District Attorney Bell and the
mayors counsel Mr.. Bell today sus-
tanned a broken leg through the falling
of an elevator in an office building.
Whether this accident will delay the
trials Of Caven and Hin isSnot known.