The Birmingham age-herald., 1906-05-01
District Attorney Jerome Op-
 poses Action Now
WANTS COURT RULING FIRST
Says the Matter Can Be Taken Up By Special Grand Jury In May If Ruling Author
 lzes 1t.

April upon the completion of its term today, returned a Apresentment to Re- corder Golf in which 1t declared that It had failed to investigate political con- tributions by insurance officials because District Attorney Jerome had advised the jury not to do so. The jury stated also that it had asked Mir Jerome for the evil dence against the insurance officials and that he had opposed action because he desired first to secure an opinion from the appellate division of the supreme court of this state on the question whether such political contributions con stituted larceny. Such an opinion, MT. Jerome 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 to informed the jury had already decided that the contributions were lar ceny, but Jerome expressed his doubts whether this ruling would be sustained by the appellate division.
 MT. Jerome said 1t was in order to se- cure 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 di- rect to the court instead of before the grand jury in March. E
 If Justice Greenbaumk 1e1ing be sus- tained.Y the district attorney said, it will be necessary to call as witnesses Cor nelus N. Bliss, treasurer of the repub- lican national campaign committee, and D toIx, .,la af,ra aoy1 nd postmaster general. and indict a large portion of the officers of every financial institution in this city.
 es Had Not Done Duty.
 Recorder Goff accepted the presentment and discharged the jury, but informed them that it had not done it's full duty, although it had rendered a signal service in accentuating the ''unequivocal respon- sibflity" which now rests upon the dis trict attorney.
 The jury in its presentment reported that it had called on MT. Jerome to pre- sent the insurance matter which he all ready had presented to the previous jury. MT. Jerome advised the jury to let the matter go over to the special grand jury in May, and the jury assented be cause,' it reported, flor the grand Jury to proceed against the advice of its legal adviser. might involve miscarriage or justice.'
 Tn his argument to the grand jury 10 ird,,ca if to withhold action, MT. Jerome reviewed his action, and that or the March grand jury, in asking the court for ruling as to whether political con tributions were criminal. MT. Jerome said the courts ruling was such that the March jury could not comprehend It, ana decided to do nothing
 "An indictment is not simply an ac- cusation in the eyes of the public" said nt, Jerome "Whatever is done with that indictment 1t remains and always VIII remain an indelible stain
 Want Ruling.
 "The court not being willing to make a definite ruling he continued, l was unwilling to present to anotnel eanu jury the questions involved in the con tributions to political funds until we had an authoritative and definite ruling bv A court. It made no difference to me which way the court ruled, but it seemed to me that there should be a ruling so that the grand jury might not find indict- ments against persons unless their acts constituted an offense.
 Mr Jerome then recited the arrest of n w Perkins and said as a result Justice Greenbaum ruled that If a trus- fee of a corporation, especially life in- eurance corporation, contributed its funds to political party, that constltuted iar- ceny.'
 That was the ruling of one judge" said MT, Jerome. sIt. is not clear and simple nroposltion of law. A lawyer as eminent at ex-Judge Tracey. who does not rep resent any insurance company, or any nerson connected with an insurance com panys, says that it is perfectly plain that if does not constitute larceny Among others I may mention 1oVernol FoiK oi Missouri and Governor Deneen of Illinois iron, both of whom 1t has been possible to get their opinions, Governor Folk nav ing been circuit attorney for St. Louis, and Governor Deneen having been prose cutting attorney for Cook county, illinois, and there are a number of others holding 1t as larceny.
 Appeal Taken.
 "rhe moment Judge Greenbaums de- cision was rendered an order was enter ed the next day and appeal taken at once' which will be brought for argument pe- fore five judges of the appellate division on the first Friday of May. We will then have an authoritative decision on the ap- parent facts of this case which VIII en- able a grand jury or a district attorney to act and act at once. If Judge Green baums decision is upheld it will at once become necessary to call such people as Cornelius N. Bliss and George B. Cor telyou. men like that who were connect ed with the political campaign within the statute of limitations. have them produce their books. see from what corporations they received contributions and promptly proceed forthwith to indict the officers of these corporations. That would mean the indictment of a large portion of the fnan-T cial officers of every large financial in- stitution in New York.
 Now, why this absurd haste and de- sire when about the first of May this thing is to be passed upon by five judges? My personal opinions or suspicious are not to be laid before you. gentlemen, but you understand perfectly well that the' is a bitter conflict between the Morgan aua uarrfrnau interests You know that