The Montgomery advertiser., 1906-05-01
 PREVENTED AN INVESTIGATION Jeorome Heads Off the
 Grand Jury. INSURANCE MATTER HELD UP District Attorney Awaits Appellate
 Courts Opinion. | Hesitates to Summons Bliss, CorteIyou and Others-Recorder Con Not Entirely Satisfied With Re- port of Grand Jury.
INSURANCE MATTER HELD UP

New fork, Aprii 30.-The grand Jury for April. upon the completion of It's term today returned presentment to Recorder Con. in which 1t declared that 1t had failed to investigate political contributions by insurance officials be- cause District Attorney Jerome had advised the jury not to do so.
 The jury stated also that 1t had ask ed Mir. Jerome for the evidence against the insurance officials ana that he had opposed action because he desired first to secure an opinion from the appellate division of the Supreme Court of lhis state on the question whether such pofi- tical contribution constituted larceny.
 Such an opinion, Mr. Jerome had told the jury would be given early in May. and the cases then could be taken up by a special grand jury which he had asked for
 Justice Greenbaum. the district at- torney informed the jury, had already decided that the contributions were larceny, but MT. Jerome expressed his doubts whether this ruling would be sustained by the appellate division. Mir Jerome said 1t was In order to secure such a ruling before indicting any of the insurance officials and attaching to them an indelible stain that he took the case against George W. Perkins direct to the court instead of before the grand jury in March.
 If Justice Greenbaum's ruling be sustained" the district attorney said 1t will benecessary to call as witnesses Cornelius N. Bliss, treasurer of the re- publican national committee and George B. Cortelyou, its chairman and post master general, and indict large DOT tion of the officers of every financial institution In this city"
 Accepted By Recorder.
 Recorder Goff accepted the present. ment and discharged the jury, but in- formed 1t that It had not done It's full duty, although it had rendered a signal service in accentuating the "unequivo- cal responsibility" which now rests up- on the district attorney.
 The jury in It's presentment reported that 1t had called on Mir Jerome to present the insurance matter which he already had presented to the previous jury. Mir Jerome advised the jury to let the matter go over to the special grand jury in May, and the jury as- sented, because" 1t reported. for the the grand jury to proceed against the advice of it's legal adviser might in- volve a miscarriage of justice"
 In his argument to the grand jury to induce 1t to withhold action, Mir. Jer- ome reviewed his action and that of the March grand jury in asking the court for a ruling as to whether political contributions were criminal. Mir Je- rome said the courts ruling was such that the March jury could not compre- bend 1t and decided to do nothing
 An indictment Is not simply an ac- cusation In the eyes of the public" said Mir. Jerome. Whatever is done with that indictment. 1t remains and always will remain an indelible stain"
 The court not being willing to make a definite ruling, he continued T was unwilling to present to another grand jury the questions involved in the con tributions to political funds until had an authoritative and definite ruling by court. It made no difference to me which way the court ruled, but 1t seem ed to me that here should be a ruling so that the grand jury might not find indictments against persons unles their acts constituted an offense."
 Mir. Jerome then recited the arrest of G. w. Perkins and said as a result Jus tice Greenbaum ruled That if a trus- tee of a corporation, especially a life insurance corporation, contributed it's funds to political party, that consti- tuted larceny"
 Opposed to Judge Greenbaum.
 That was the ruling of one judge said MT Jerome. "It is not clear and simple pTOpOSlNlOll Ol law A AdW tl as eminent as ex-Judge Tracey, who does not represent any insurance com pany or any person connected with in surance company, says that 1t Is per fectIy plain that 1t does not constitute larceny Among others I may mention Governor Folk of Missouri and Govern or Deneen of Illinois. from both of whom it has been possible to get their opinions. Governor Folk having been Tor Jernor Deneen having been prosecuting attorney for Cook county, Illinois. and there are a number of others
 "The moment Judge Greenbaums s de- cision was rendered. an order was en- tered the next day and appeal taken at once which will he brought for argu- ment before five judges of the appel late division on the first Friday of May, We will then have an authoritative de- cison on the apparent facts of this case whihc he will enable grand Jury or district attorney to act at once.
 If Judge Greenbaum's decision Is upheld, 1t will at once become neces- sary to call such people as Cornelius N Bliss and George B. Cortelyou, men like that who were connected with the po- ltical campaign within th" statute or limitations. have them produce their hooks. see from what corporations they
 
 nroceed forthwith to ind'ct the omccrs of tbe corporations That would mean the indictment of large portion of the financial officers Of every large fin anciaI institution in New York.
 Now. why this absurd haste and desire when about the first Of May this thing is to he passed upon by five judges? My personal opinions or sus- njcions are not to be laid before you. gentIemen. but you understand per fectIv well that there is bitter con slic, between the Morgan and Harri- ~ interests You know that the most mos prominent person in connection ,',t+h tbis whole matter of contribu- ttans In the public eye Is George w. perkins partner of Pierpont Nor rer hut as a matter of fact. 1t would tn,,oIve the chief financial officers prac tii,.1iv of every great financial institu- lion in inc country"
 Corrrenting on the presentment. Re oorder Golf said the jury had acted H,ithin it's authority. and 1t was the Sntv of the district attorney to have submitted the evidence. Said the re- corder