Arizona republican., 1905-07-18
To Prosecute the Big Grim
 inaIS of Philadelphia
.ELIHU ROOTS ADVICE
What hayOr Weaver May Do in Event OrFailure of the District Attorney to Perform the Duties For Which He was Elected.

Philadelphia July 17.-As a result of advice received from Elihu Root special counsel for Mayor Weaver, it is probable unat the mayor will insh- tute criminal prosecution against cer- tain persons who are. prominent in municipal affairs. MT. Root advises the mayor that in face of the refusal of the district attorney, J. C. Bell, to take the initiative in bringing further prosecutions the mayor should eXer- else his right to go before a magistrate and carry the prosecutions as far as the law will permit him.
 This opinion was sent to Mayor Weaver today and was the result of a conference held in New York last Friday. Those who participated in the conference, beside MT. Root and the mayor. were former United States At torney General Wayne MacVeagh, who is special counsel for the committee of nine of this city; former Judge James Gay Go:d don, private counsel for Mayor Weaver. and Julien T. Davies and Jos. s. AUcrbach of counsel for the com mittee of seventy.
 The purpose of the conference was to decide whether the mayor should ! take the initiative in further prosecu- | tions. the district attorney having re- | fused to do so. Mayor Weaver and l Judge Gordon last week requested that I the district attorney, in drawing up 1 the indictments against Councilman ! Frank Caven and John w. Hill, form 1 CT chief of the bureau of filtration. | should bring the charge of conspiracy with certain other persons to defend ] the city.
 ! Councilman Caven is under bail for
  | ing interested in city contracts, and ! former Chief Hin is under bonds to 1 answer to charges of forgery and faI- [ sification of the records in connection with the construction with the city's | filtration plants. At a hearing given 1 both men before the magistrate the name of the contracting firm of D. J SIcNichol and company, which is con ! structing the greater part of the fil- tratiOn system, was frequently brought in by witnesses. Members of the firm and former Insurance Commissioner Israel w. Durham. the leader of the To- cel republican organization, State Senator James P. 1IcNichol and his | brother, Daniel J. McNichOI.
 The district attorney in refusing tC add the charge of conspiracy to the ! indictment drawn up against Caver 1 and Hill and to initiate criminal pro- ceedings against certain other per- | sons' said that such charges based or | the evidence taken at the Caven and ! Hill hearings could not under the law be made. He suggested that the mayor take the initiative Mayor Weaver anC Judge Gordon insisted that it was the district attorneys duty to begin the prosecutions. they declaring that the evidence in his hands warranted hin in so doing. Mir. Bell persisted in his refusal, and the New York conference followed
 Mr. Roots opinion of the question was sent in a letter to Mayor Weaver today. 1t is as follows:
 ''New York, July 15, 1905. My Dear MT Mayor:
 'T have discussed very fully with Mir 1 MacVeagh. Judge Gordon, MT. Davie! and MT. Auerbach, the facts bearing 1 upon determination of your present duty in regard to further crimina prosecutions for the frauds against the city of Philadelphia, clearly indicated by the testimony already taken and by the further evidence which your coun- seI have collected.
 It apears by correspondence between Judge Gordon and District Attorney Bell that you have caused evidence O grave crimes by a number of powerful and important persons in the city ot Philadelphia to be laid before the dis trict attorney and that he has beer requested to proceed with proper pros cautions foT such crimes either before the grand jury of the county or before a committing magistrate, and that ht has practically declined to do either suggesting that you should proceed be fore a magistrate as a private prose