The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-18
ROOTS LETTER TO WEAVER.
ADVISES HIM TO 90 on AND Ar
REST GANG LEADERS.
Does Not Namc Them. but Calls Them
Criminal Combination =. The Mayor
May BE Arrested When He Has
Durham and the McNich0ls Seized.


PHILADELPHIA; July i7.-Elihu Root. In
letter TO Mayor Weaver received to-day, I'D
vi,ss him to take the initiative and to cause
the arrests of the leaders OF the old Ptila-
delphia organization.
This final opinion from tho Secretary OF
State il based upon the results OF tho re-
cent New York conference and upon the
study of certain papers bearing on the
case
No names are mentioned, but the men 10
be arrested are spoken Of "a powerful and
important persons In the city OF Phila-
delphia.' The words criminal .combina-
ton" hints at the charge
Those whose arrests are likely TO result
from his advice are Israel w. Durham,
State Senator James P. McNichol and Con-
tractor Dan McNiohol. Former Director
of Public Works Peter j. Costello and
number OF other former and present city
officials will probably also be taken.
When the Mayor makes the arrests on ms
own initiative because OF the refusal OF
District Attorney John @. Bell 10 90 80
he will himself be promptly arrested. 30
will John NJ, Mack, asphalt man, who stanos
equally guilty with the gang leaders accord
ing to the evidence upon whloh tne ar1ee'e
MIR. Roots letter Is in part as follows: :,
aMy DEAR Mr.. MAYOR: / have discussed
very fully with Mr.. MaoVeag "a, Judge Cor
don, Mr.. Davies and Mr.. Auerbach the facts
bearing upon the determination OF your
hal prosecution for the fraud against the
city of Philadelphia clearly indicated by
the testimony already taken and by the fur-
Their evidence which your counsel have COL
lected. ,., l..
tween Judge Gordon and District Attorney
Bell that YOU have caused the evidence
of grave crimes by q humber OF powerful
and important persons In the CITY OF fnlla-
delphia to be laid before the DISTRICT Attor-
ney and that he has been requested 70 pro-
coed with proper prosecution for such crimes
either before the Grand Jury OF the county
or before q committing Magistrate, and that
he has practically deci.led to do either,
suggesting that you should proceed before
Magistrate as private Pr1 S Urosscut,ro
officer to take this course shall not discuss.
The resulting fact alone ts important Tor
present consideration:
1T is your duty as Mayor Of the city to
see that the laws are enforced. and when
you find that they are being set at naught
by criminal combinations, 1t is your duty to
bring the facts to the knowledge OF the
officer who is elected by the people to prose-
cute crime. and it then becomes hts duty
| to prosecute and not yours.
i think that IN default OF me acuoh
| which ought to be taken by the public prose-
| cutor, the great interests which you have
| undertaken to subserve demand that you
| should nevertheless. exercise your right
| to 20 before Magistrate and carry these
prosecutions as far as the law permits you
Grimes committed by men who have
political power are often sheltered behind
official Indifference and inactivity, and then
! some one has to do more than his duty TO
secure justice. and you viii! not be the nrst
public officer who has done a greet public
service against tho resistance OF those
from whom the service ought to come.
There is more at stake here than the mero
pun!enlnent Of isolated offenses. There is
the question whether your city shall CON-
take It's place on the list Of American pities
capabie OF honest government. To Sc
cure the right solution OF this question
you cannot omit any proper and lawful
effort. A. .,
tons, either with or without the District
Attorneys aid. through the hands of the
commit ting ma gistrate, You will have done
everything within your power, and II the
prosecutions then fail after coming within
torney, and the Augean stables remain
unclaimed, the people Of the city cannot
doubt who is responsible for failure.
at 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 in.
terest in the cases because have acquired
absolute confidence In the sincerity OF your
purpose and in your pluck and persistency,
and have a strong desire that the city OF
Philadelphia, whose history and good name
are 80 dear to every American, shall be re.
lieved from the stain which corrupt and
criminal combination masquerading under
the name of Republicans have put upon her.
Il wish you God speed in your further
efforts. Very sincerely yours,
1ELIHU RooT.'
Nav York july Is 1905