The free lance. (Fredericksburg, Va.) 1885-1926, 1905-07-20
MAYOR May PROSECUTE
ElIhu Root Advises Weaver to In
stitute Criminal Suit.
RESULT OF RECENT CONFERENCE
District Attorneys Refusal to Ad

RESULT OF RECENT CONFERENCE
District Attorneys Refusal to Add
Conspiracy TO Present indictments
May Lead TO Arrest Of Durham, Sen.
ator McNohol and His Brother.
Philadelphia. July 49, As a result OF
rdyioc received from Elihu Root, spe-
,ial counsel for Mayor Weaver. 1t Is
probable that the mayor will within q
lew DAYS institute crimtpal prosecution
against certain persons who are promi-
nent in municipal affairs. Mr. Root
advises the mayor that in the face oil
the refusal Of District Attorney John
&. Bell 10 take the initiative in bring
ing further prosecutions the mayor
should exercise the right 10 90 before
MAGISTRATE and carry the prosecutions
as far as the law win permit him. 1hl'
opinion was sent to Mayor Weaver and
was the result OF a conference held III
New York last Friday
The purpose OF the conference was
whether the mayor should take the IN
itiatge i'm further prosecutions. tH'
district attorney having refused to do
30. Mayor Weaver and judge Gordon
last week requested that the iii uicI
attorney. in drawing mp indictments
fHfaptr ff4ggn
and John W. Hill. former chief Of the
bureau Of filtration. should bring TIE
charge Of conspiracy with certain othef
persons 10 dplraud the city. Council
man Caycn is under bail for y.olatinS
his council,laeir oath in bcin" inter-
cstsd I'm cts contracts. and former
Chief IIW Is under bonds to answer
charges of forgery and ratification OF
records in connection with contracts
for the construction OF the cily's iilua-
lion plants 81 the helriua given botn
men before magistrates the name o.!
the contracting lrm Of u. J. McNichol
A CO.. which is constructing the greater
part Of the filtration system. was fire.
oucntly brought in by witnesses. The
members of this firm are former lnsur-
ance Commissioner Israel w. Durham.
the leader OF the local Republican Of
eanization: State Senator James p. Nc.
Nlchol. and has brother Daniel j. Nc
Nichol.
The district attorney, VI refusing to
add the charge of conspiracy to the in
d!ctment drawn mp against Cayen and
Hin and initiate criminal proceedings
against certain other persons. said
that such charges based on the EVIL
dence taken al the Cayen 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 il was the
district attorneys duty to begin prose-
cutions. they declaring that the cyi-
donce in his hands warranted him in
so doing. Mr. Bell persisted in his re-
fusal and the New York conference
followed
Mr. Roots opinion on the question
was sent In a letter to Mayor Weaver.
1t Is as follows:
My Dear Mr Mayor have discussed
very fully with MIR. McNeagh, Judge Cor
don. Mr.. Davies and Mr.. Auerbach the
ncts bearing upon the determination OF
your present duty in regard to further
criminal prosecution for the frauds
against the city OF Philadelphia clearly
Indicated i'm thr testimony air, ady taken
and by the further evidence which your
counsel have collected.
Il appears hy the spoudcnce be-
tween Jud.c Gordon and District Att0r-
ney BELL that you have caused the evil
dence of grave crimes by number OF
powerful and important persons IN the
city of Philadelphia to be laid before the
district attorney. and that he has been
requested To proceed with proper prose
cutious for such crimes either before the
grand jury OF the county OF before
magistrate. and that he has
declined TO DO either suggest
ing that you should proceed before
magistrate as "a private prosecutor
The reasons which lead the prosecuting
officer L. take this course | shall not dis
cuss The resulting fact alone Is impOr-
ttnt for present consideration.
Ii is your duty as mayor of the city 70
see that the laws are enforced. and when
you md that they are being set at naught
by criminal combinations IL Is your duty
to bring the facts To the knowledge OF
the officer who j. elected by the people
10 prosecute crime. and IL then becomes
his duty to prosecute and not yours.
J think you have done what the law
requires of you in this Instance. and That
III Oh. prosecutions so clearly indicated by
the cy4dcuc, u your possession ana no"
In the possession Of the prosecuting oil
Ger fail for want Of further action no one
can Justly say that it is through any
failure OF duty on your part. do not
think. however. that this settles the ques-
ton as to your future action. Although
the law does not require you 10 prosecute.
IL permits you IL do So up To the point
where the return OF the committing mag
istrate goes into the hands OF the district
attorney.
Grimes committed by men who have
political power are often sheltered behind
official Indifference and inactivity. ana
then some one has to do more than hls
duty to secure Justice, and you will not
be the first public officer who has done 4
great public service against the resist
ance OF those from whom the service
ought to come. There IS more at stake
here than the mere punishment Of iso-
lated offenses. There Is the question
whether your city shall cOntinae to be
governed by criminals or shall take It's
place on the list OF American cities ca
pable Of honest self-government. To Sc
cure the right solution Of this question
YOU cannot omit any proper and lawful
effort.
When you have carried the prosecu-
tons either with or without the district
attorneys aid through the hands of the
magistrate, you will have
done everything within your power. and
II the prosecutions then fail after coming
within the exclusive power Of the dis
irict attorney. and the Augean stables
remain uncleaned the people Of the city
cannot doubt who Is responsible for the
failure.
1t is with very 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 will prevent me ! have taken
very great interest I'm the cases Because !
have acquired absolute confidence in the
sincerity OF your purlOsN' and In your