The Brandon news. (Brandon, Miss.) 1892-1961, 1905-07-20
MAI 81 UllIlI.s..L
PROSECUTION
AGAINST LEADERS OF PHILA-
DGLPHIA MACHINE.
SEC. RIOT UPHOLDS WEAVER
Mayor is Advised by Secretary of
State Elect that His Duty is to
Proceed Against Grafters. Corrupt
Organization Denounced.

u.
Philadelphia. As a result Of adj
vices received from Elihu Root, spe-
cial counsel for Mayor Weaver, it is
probable that the mayor will within a
few days institute criminal prosecu-
ton against persons who are promi-
nent In municipal affairs. Mr. Root
advises the mayor thai in the face Of
the refusal of District Attorney Bell to
take the iniative to bringing further
prosecution, the mayor should exer-
else his right to go before magis>
trate and carry the prosecutions as
lar as the law will permit him. This
opinion was sent to Mayor Weaver
and was the result Of conference
held IN New York last Friday
The purpose of the conference was
to consider whether the mayor should
take the initiative in further prosecu-
lions, the district attorney having re-
fused to do so.
Mayor Weaver and Judge Gordon
requested that the district attorney in
drawing up indictments against Coun-
Gilman Frank H. Craven 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.
Mr.. Roots opinion was sent in the
following letter:
1T appears by the correspondence
between Judge Gordon and District
Attorney Bell that you have caused
the evidence of grave crimes by mum
Der of powerful and important per-
sons IN the city of Philadelphia to
be laid before the district attorney
and that he has been required to pro-
coed with proper prosecutions for
such crimes either before the grand
jury Of the county or before commit
ting magistrate and that he has prac-
tlcally declined to do either, suggest
ing that you should proceed before
a magistrate as a private prosecutor.
81 think you have done what the
law requires of you in this instance
and thai if the prosecutions so clearly
indicated by the evidence in your pos
session and now in the possession Of
the prosecuting officer fail for want
of further action, no one can Justly
say that it is through any failure of
duty on your part.
Il do not think, however, that this
settles the question as to your future
action. Although the law does not re-
qulre you to prosecute, it permits you
to do so, up to the point where the
return of the committing magistrate
goes into the hands Of the district at
torney. think that in default Of the
action which ought to be taken by
the public prosecutor, the great inter
ests which you have undertaken to
subesrve demand that you should new
ertheless exercise your right to go be-
fore magistrate and carry these
prosecutions as far as the law per-
-mits you to do.
Gin doing this, you should, I think,
Invite the aid and cooperation Of the
district attorney, giving him every
possible opportunity to take part III
the prosecutions and to perform the
duty for which he was elected.
"Crimes committed by men who
have political power are often shell |
tered behind official Indifference and
inactivity and then some one has to
do more than their duty to secure JUS
tice and you viii not be the first pub
lie service against the resistance Of
those from whom the evidence ought
to come. There is more at stake here
than the mere punishment Of isolated
offenses. There is the question wheth-
er your city shall continue to be gov
erned by criminals or shall take its
place in the list Of American cities ca
pable of honest self-government To-
secure the right solution Of this ques-
ton you cannot omit any proper and
lawful effort.
"When you have carried the prose-
cutions, either with or without the
district attorneys aid, through the
hands Of the committing magistrate
you will have done everything within
your power and if the prosecutions
then fail after coming within the ex-
elusive power of the district attorney
and the Augean stables remain un-
cleaned, the people of the city cannot
doubt who is responsible for failure.
Very sincerely yours,
"ELIHU ROOT"
n D. A.