Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-07-18
Mayor Weaver to Insti-
tute Proceedings
Against Municipal Officers Of
City Of PhiIade| phia.
Sec. Root Advises Him To Move Alone
To Limit Of tie Law.

Philadelphia, July 17.-As a result of
| adviCeS received from Elihu Root, spe-
| cial counsel for Mayor Weaver, it is
| probable that the mayor will within Il
| few days institute criminal proceedings
against certain persons who are promi-
nent in municipal affairs. Mr.. Root ad-
| viSeS the mayor that in the face of the
| refusal of District Attorney John G.
| Sell to take the initiative in bringing
| further prosecutions. the mayor should
| exercise his right to go before Il magis-
| tratc and carry the prosecutions as far
as :hn law viii permit him.
| This opinion was sent to Mayor
| Weaver. today. and was the result of
| conference held iii New York, last Fri
day. Those VINO participated in the
| conference beside Mr. Root and the
mayor, We're Former United States At
| torncy General Wayne MacVcagh. who
is special counsel for the Committee of
Nine of this city; Former Judge James
Gay Gordon. private counsel for Mayor
| Weaver. and Julien T. Davies and Jo-
| Geph $. Aurhach of counsel for the
| Committee of Seventy. The purpose
| of The conference was to decide wheth-
| or the mayor should take the initiative
in further prosecutions, the district at
| torney having refused to do.
| Mayor Weaver and Judge Gordon,
! last week, requested that the district
| attorney. in drawing up indictments
against Councilman Frank Fl. Caven
| and John w. Hill, former chief of the
| bureau of filtration. should bring the
| charge of conspiracy with certain 9TH
| or persons to dcfraud the city. Coun-
| Gilman Caven is under bail for viola
| ting his cOunclnanic oath in being i'll
| tcreStcd i'll city contracts. and Former
| Chief Hill is under bonds to answer the
| charges of forgery and classification of
| records in connection with contracts
| for the construction of the cityS filtra-
| ton plants.
| At the hearing given both men before
| magistrates. the name of the contract
| ing firm, D. j. McNichol & Co. which
is constructing the greater part of the
| fItrd ton system was frequently
| brought in by witnesses. The members
| Of this firm are Former Insurance
| Commissioner Israel w. Durham, the
leader of the local Republican organi-
| Zatiun; Senator james p. McNichol
| and his brother. Daniel J. McNicnol
| The district attorney in refusing to
|
| dictmcnt drawn up against Caven and
| Hill and to initiate criminal proceed
| inGS against certain other persons
| said that such charges based on the
evidence taken at the Caven and Hill
| hearings could not under the law be
nlodc. He suggested that the mayor
| take the initiative. Mayor Weaver and
! Judge Gordon insisted that it WAS the
| district attorneys duty to begin prose-
cutions, they declaring that the evil
| dcnco in his hands; warranted him in
so doing. MIR. Rcll persisted in his re-
| fusal and the New York conference
| followed.
| MIR. Roots opinion on the question
was sent in a letter to Mayor Weaver.
To-Day. In it Mr.. Root advises Mayor
| Weaver that while he has done all that
| the law requires Of him. in bringing the
| facts to the knowledge of the district
attorney the great interests which the
mayor has undertaken to subsorve and
the great principle of purity in munich
| plI administration, which II at stake.
| require that he should go beyond the
| absolute requirements of the law. The
| law. Mr.. Root says, gives the mayor
| power to carry tho prosecutions
| through tUP ldiltlS bl inc committing
| magistrate.
"If the prosecutions then fail" the
letter continues, "after coming within
| the exclusive power of the district at
| torncy. and the Augcan stables remain
| uncleancd. the people of the city cam
not doubt who is responsible for fail
urc.
| Mr. Root closes with an expression of
regret that his recent assumption of Of
hcial duties will prevent his further ac-
| tivity in these cases in which he saws
he has taken a great interest in the
| further prosecution of which he wishes
Mayor Weaver Godspeed.
In tho midst of the controversy be
tween District Attorney Bell and the
mayors counsel. Mr.. Bell. today. sus-
tanned a broken leg through the falling
Il OF an elevator in an office building
i Whether this accident will delay the
trials of Caven and Hill is not known
i Under a law passed by the last Legis-
laturc criminal proceedings can be con-
Quoted by a special district attorney
/ instead of the district attorney himself
or his assistants. The state attorney
general is authorized to appoint a spe
| ciaI district attorney upon the request
of one of the presiding judges of the
county court.