The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-18
TELLS WEAVER
TO GO AHEAD.
Secretary Root Writes a Letter
to Philadelphia Mayor.
Advises Him to Prosecute the
BOOdlers CriminalIy.
DISTRICT ATTORNEY
Refuses When Called Upon to
Take Action.
Mayor Is Not Required But Is
Permitted to Prosecute.

Philadelphia, July 1S.-As a result of
advice received from Elihu Root, spec
ial counsel for Mayor Weaver. it is prob
able that the mayor will within a few
days institute criminal prosecution
againts certain persons who are prom
inent in municipal affairs. Mr.. Root
advises the mayor that, in the face of
the refusal of District Attorney ]. G.
Bell to take the initiative in bringing
further prosecutions, the mayor should
exercise his right to go before a magis-
trate and carry the prosecutions as far
as the law will permit him. This opin-
ion was sent to Mayor Weaver, and
was the result of a conference held in
New York last Friday. These who par
ticipated in the conference, besides Mr..
Root and the mayor were former Unit
ed States Attorney General Wayne Mac
Veagh, who is special counsel for the
committee of nine of this city; former
Judge James Gay Gordon, private coun-
sci for Mayor Weaver, and Julien T.
Davies and Joseph S. AUerbach, of
counsel for the committee of seventy.
The purpose of the conference was
to determine whether the mayor should
take the initiative in further prosecu-
lions, the district attorney having re-
fused to do so.
District Attorney Baked.
Mayor Weaver and Judge Gordon last
week requested that the district attor-
Councilman Frank H. Caven and John
W. Hill, former chief of the bureau of
filtration, should bring the charge of
conspiracy with certain other persons
to defraud the city Councilman Caven
Is under bail for violating his council
manic oath in being interested in city
contracts, and former Chief Hill is un-
der bonds to answer charges of forgery
and Justification of records in connec-
ton with the construction of the city S
filtration plants. At the hearing given
both men before the magistrates the
name of the contracting firm of d. j.
McNichol & Co., which is constructing
the greater part of the filtration system,
was frequently brought in by witnesses.
The members of the firm are former In
surance Commissioner Israel w. Dur
ham, the leader of the local Republican
organizations; State Senator James P.
NcNichol and his brother, Daniel ].
NcNicho1.
The district attorney in refusing to
add the charge OF conspiracy to the in
dictment drawn up against Caven and
Hill and to initiate criminal proceedings
against certain other persons, said
that such charges, based on the evil
dence taken at the Caven 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 it was the
district attorneys duty to begin prose
cutions, they declaring that the evidence
IN his handS warranted MIN IN so DONG
Mr.. Bell persisted in his refusal anc
the New York conference followed.
Elihu Roots Opinion.
Mr.. Roots opinion of the question
was sent in a letter to Mayor Weaver
1t is as follows:
MY Dear Mr.. Mayor have dis
cussed very fully with Mr.. McVeagh
Judge Gordon, Mr.. Davies and Mr.
Auerbach the facts bearing upon tn
determination of your present duty il
regard to further criminal prosecu
ton for the frauds against the city o
Philadelphia clearly indicated by tn
the testimony already taken and b,
the further evidence which your coun
sci have collected.
''It appears by the correspondent
between Judge Gordon and Distric
Attorney Bell that you have causet
the evidence of grave crimes by
number of powerful and importan
persons in the city of Philadelphia t
he laid before the district attorney, an
that he has been requested to procee
with proper prosecutions for sucl
crimes either before the grand jur
of the county or before a committin
MAGISTRATE and that he has PRACTICAL
declined to. do either, suggesting tina
Ycu should proceed before magis