New-York tribune., 1905-07-18
ROOT BACKS WEAVER.
RESULT OF CONFERENCE.
Ad1ises Philadelphia Mayor He May
Bring Criminal actions.

Mayor Weaver. Il is probable that the Mayor
will, within few days. institute criminal prose-
oution against certain persons prominent IN
municipal affairs Mr. Root advises the Mayor
that, in the face OF the refusal Of District At
torney John c. Bell TO take the initiative in
bringing further prosecutions the Mayor should
exercise his right to go before magistrate and
carry the prosecutions as far as the law viii
permit him
This opinion was sent to Mayor Weaver to-
day and was the result OF a conference held
IN New-York last Friday. Those who partici-
pated in the conference, besides Mr. Root and
the Mayor were Wayne MacVeagh. former
United States Attorney General, who is special
counsel for the Committee of Nine of this city;
former Judges James Gay Gordon, private coun-
SCI for Mayor Weaver; Julien T. Davies and
Joseph s. Auerbach Of counsel for the Commit
tee OF Seventy.
The purpose of the conference was to decide
whether the Mayor should take the initiative in
further prosecutions the District Attorney hav-
ing refused 10 do so. Mayor Weaver and Judge
Gordon last week requested that the District At
torney in drawing UP indictments against Coun-
Gilman Frank H. Caven and John Hill.
former chief of the Bureau of Filtration, should
bring the charge of conspiracy with certain
o.her persons 10 defraud the city Councilman
Caven is under bail for violating his oath in
being interested in city contracts, and former
Chief Hill is under bonds 10 answer charges of
forgery and falsifcation OF records in connection
with contracts for the construction of the cty's
filtration plants. At the hearing given both men
before magistrate the name of the contracting
firm OF D J. McNichol & Co, which is construct
ing the greater part Of the filtration system,
frequently brought in by witnesses The MEM
bers OF this firm are Israel W. Durham former
Insurance Commissioner and leader of the local
P. AIcNichol. and his brother Daniel ]. Nc
NichoI
The District Attorney, in refusing TO add the
charge Of conspiracy TO the indictment drawn
Up against Caven and Hill. and to initiate Grim
inal proceedings against certain other per-
sons" said that such charges. based on the evil
dence taken at the Caven and Hill hearings
could not. under the law, be made. He sug-
eested that the Mayor take the initiative
-Iayor Weaver and Judge Gordon insisted that
il was the District Attorneys duty to begin
prosecutions they declaring that the evidence
in his hands warranted him in so doing. Mr..
lei persisted in his refusal, and the New-York
conference followed.
IN the midst Of the controversy between Dis
trlct Attorney Bell and the Mayors counsel, Mr..
III to-day sustained broken leg through the
1r,lng Of an elevator in an office building
1eher this accident will delay the trials of
c. "a and Hin is not known.
M Roots opinion on the question sent
&. letter to Mayor Weaver to-day. 1t is as
follows:
Judge Gordon. Mr.. Davies and Mr.. Auerbach the
facts bearing upon the determination of your
present duty in regard TO further criminal
prosecution for the frauds against the city of
Philadelphia. clearly indicated by the testimony
already taken and by the further evidence which
your counsel have collected.
Il appears by the correspondence between
Judge Gordon and District Attorney Bell that
you have caused the evidence of grave crimes
by q number Of powerful and important persons
N the city OF Philadelphia to be laid before the
District Attorney, and that he has been re-
such crimes either before the Grand Jury of the
county or before committing magistrate, and
mat he has practically declined to do either.
suegestlng mat you should proceed before
magistrate as private prosecutor.
The reasons which lead the prosecuting officer
10 take this course shall not discuss The re-
sulting fact alone is important for present con-
sideration
II is your duty as Mayor of the city to see that
pSk laws are enforced. and when you find that
kney are being set at naught by criminal COM
tlnatons, it is your duty TO bring the facts 10
The knowledge Of the officer who is elected by
The people to prosecute crime, and IT then be-
comes his duty 10 prosecute and not yours.
think you have done what the law requires
OF you in this instance, and that if the prose-
cutons 50 clearly Indicated by the evidence in
Your possession and now in the possession Of the
prosecuting officer fail for want of further
action. can justly say that il is through
any failure Of duty on your part. l do think,
however, that this settles the question as to
your future action. Although the law does not
require you to prosecute, il permits you to do so,
Up 10 the point where the return of the commit
ting magistrate goes into the hands OF the dis
rict attorney.
I think that in default of the action which
ought 10 be taken by the public prosecutor. the
great interests which you have undertaken to
kubserve demand that you should nevertheless
exercise your right 10 go before a magistrate
ana carry these prosecutions as far the law
permits yOl. TO do.
In doing this you should think invite the aid
ana cooperation Of the District Attorney CIV
ing him every possible opportunity 10 take part
~ me prosecutions and 10 perform the duty for
which be elected.
Crimes committed by men who have political
power are often sheltered behind official indif-
lerSnce and inactivity, and then some one has
20 40 more than his duty TO secure justice, and
you VIII not be the first public officer who has
oohe great public service against the resist
aice of those from whom the service ought TO
come There is more at stake here than the
mere punishment Of isolated offences There is
re question whether your city shall continue to
ps governed by criminals shall take its place
81, ~ me llst Of American cities capable Of honest
eet-goverument. To secure the right solution
~ ~ lhls question you cannot omit any proper and
awful Efforts.
when you have carried the prosecutions
t.her with without the District Attorneys
80, urough the hands Of the committing magis-
sate' you will have done everything within your
- Atfs and II the prosecutions then fail, after
1Hl8 within the exclusive power of the Dis
aei Auorney. and the Augean Stables remain |
1ltcealed the people OF the city cannot doubt |
"lo Is responsible for failure.
IL, - - WIN very great regret that | find my
- - unable 10 proceed further with you in these |
sss Tie assumption Of other official duties |
a. Mhlch you aware viii prevent me- |
% - taken very great interest IN the cases be- |
Is have acquired absolute confidence in |
s1a sincerity Of your purpose and in your pluck |
~ u psfsistency, and I have a strong desire |
srd IN. ele city Of Philadelphia whose history |
u sool name dear TO every American /
relieved Wb