Arizona republican., 1905-07-18

cutor. The reasons which lead the l prosecuting officer to take this course l I shall not discuss. The resulting fact | alone is important for political con- sideration.
 Ut is your duty as mayor of the city to see that the laws are enforced, | and when you find that they are be- ing set at naught by criminal com binations, it is your duty to bring the facts to the knowledge of the of ficer who is elected by the people to prosecute crimes and then it becomes his duty to prosecute and not yours.
 'I 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 pos session and now in the possession of the prosecution officer fail for want of further action, no one can justly say that it is through any failure of duty on your part. l 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 point where the return Of the committing magistrate goes into the hands of the district attorney.
 ] "I think in default of the action
 which ought to be taken by the pub
 lie prosecutor. the great interests
 which you have undertaken to sub
 serve demand that you should never theless exercise your right to go be-
 fore a magistrate and carry these
 prosecutions as far as the law permits
 you to do. In doing this you should.
 I think, invite the aid and co-opera-
 tion of the district attorney, giving
 him every possible opportunity to take
 part in the prosecutions and to per
 form the duty for which he was
 elected.
 Grimes committed by men who
 have political power are often shel-
 tered behind official indifference and
 inactivity, and then some one nas to do more than his duty to secure jus
 tice and you will not be the first pub
 lie officer who has done great public
 service against the resistance of those , from whom service ought to come.
 There is more at stake here than the
 mere punishment of isolated ofenses.
 There is a question whether your city shall continue to De governed by crim- inals or shah take it's place in the list , of American cities capable Of honest
 seIf-government To secure the
 right solution of this question you can
 not omit any proper and lawful ef- , fort.
 "When you have carried the prose cutfons. either with or without the dis :. trict attorneys aid. through the hands
 of the committing magistrate you win ! have done everything within your power. and if the prosecutions ther fail after coming within the exclusive
 power of the district attorney and the Augean stables remain uncleaned the people of the city can nos doubt who is responsible for the failure. Ut is with very great regret that I find myself unable to proceed fur
 ther with you in these cases. The as
 sumption of other official duties, ot which you are aware. will prevent me l I have taken a very great interest il the cases because I have acquired ab- solute confidence in the sincerity O. your purpose and in your pluck anC s persistency and I have a strong desire
 that the city of Philadelphia, whose 0 history and good name are so dear t' e every American, shall be relieved iron ! the stain which a corrupt and crimina - combination masquerading under the - name of republicans have put upor l her
 l T wish you Godspeed in your fur V ther efforts
 r Very sincerely yours, ] (Signed) "ELIHU ROOT" 9 In the midst of the controversy be e tween District Attorney Bell and tht 9 mayors counsel, MT. Bell today sus l tained a broken leg through the fall s ing of an elevator in an office building e Whether this accident will delay tn,
 trials of Caven and Hill is not known n Under the law passed by the last leg r islature criminal proceedings can b,
 conducted by a special district attor
 ney instead of the district attorne!
 himself or his assistants. The stat, attorney general is authorized to ap e point a special district attorney upoI 2, the request of one of the presiding f judges of the county courts.