The sun., 1910-05-16
BARK BACK GHGTYY WATCHDOG
DGE FOSTER RECKONS THE
rITT WILL PAY FOR ms PHONE.


mlacfouo1 NNouon - 70 Nila N4olallls v
DtstFlee AttoFney Also Asserts ah
IndependeBt Dlsepstloa % zls own.
Judge WGTon ". Poster of ths Court
n General Sessions and DistriCe Attorney
Whitman have informed COmptruIlsI
PrenderEast by letter that b would b
erceeding his authoEity In refusing 10
audit bills for their hOuss tslophonss.
Judge Foster wrote thas COmptrolbsI
Grcut once refused 10 pay bills thAl
Itstrict Attorney Jerome had run up n
vice crusade and that the court ruled
tha, Groui's action was Illegal and absurd.
Istnct Attorney Whitman says IN Me
letter that it Waa clcarly within his riGhaa
10 contract for Telephone ssEvics IN ths
rsrformance of his public duty. Bob
The Judge and ths District Attorney
say that theiF home ltslsphouss are ab-
solutely nscessATy 10 them a. publio
oaScials. Judge Foster wrote:
i beg 10 acknowledge the receipt q
your letter (ths coming Of which vas
duly herAlded in the newspapors) sking
l. there a strong public reason Why
tho city should pay for this tslephoner
referring 20 the telephone maintained
al my lodnngs Unle@ such q reason
e1ists YOU say. I shall rsfuse 10 audit
the hill for its maintenance You furthsr
express the hope that I Will give shis
matter attention and inform yOa ~
garding Il. although the public pross.
when IL announced in advance your
letter. made the statement that District
Attorney whitman and the writer (with
othsrsl had besn caught in the Comp
trollers graft net
AT the outset permit ne 70 say thaa
I know of no private reason whatever
for the maintenance Of this tslephons.
which is solely for public business and
Convenience. Far from being a private
convenience Il is personal nuisance
That II n a public convenience viii be
testified 10 by many a poor fellow Who
has been spared q night in jail because
u its existence. On many a cold night
] havs ben summoned from my warm.
warm cot. whether I wanted to or no,,
N shivsr at tn telephone. only 10 receive
word that some unforttmata under arrest
would give hail R would accept H.
1 have no family 10 avail Of this tsIo-
rhone whose cost 10 the city. zee. h
stated IN the newspapers 20 b. 80 per
sunuml and without y ! can live life
o' nocturnal ease and quiet This tels-
yhone has been maintained by TIE city fog
upward Of ten year. did n0t ask foE
% originally Il wa- installed and pub
hcly listed under my name. a. a public
convenience. about the time that went
upon ths bench. and ! acceptsd II a. one
~ the obligations of my once. whose
duties conceive do MT end with the
going down of the sun
Judes Foster presents a number of
rea-onz why a huhie telephone u neces-
sary IN the discharEs ~ hts Judicial duties
4 Jndaa of the Court of General Sessions
b a Magistrate and like Justice Of the
supreme Court has power 10 admit per-
sons charged with isloniss 10 hail after
Indictment The practice of reCeiving q
psaled verdict does not obtain IN a crtmi-
nal court and TN Judge must be IN the
court % receive 4 verdict OF 10 discharge
piry. n u often necessary IN long and
r7mplicatsd criminal trials. necessary fos
economy and ths public interest. that the
rre-idinR Judgs. waking or aleeping. shall
l. in touch With the court house and jury
and District Attorneys Once. The only
way a Judge can keep In touch out Of
t.uru y BY telephone. judge Foster saya.
For upward of ten years hs con-
i,rue- IN his letter 10 the Comptroller. 'ali
. vou predecessors have regarded u q
r-oper public cOnvehiencs and have
dt@d ths chargs without question.
When you assumed Ofics it was suggested
b, veil informed friends that have my
'a'sphons removed. a. you Contemplated
Making a stir over the telsphons and
..v wagon -srvice maintained AZ public
'--'. hut u -'-enied 70 me that lluiciai
'mr"r should h wiling n respond 70 MS
cIiy NhHnever cailea. ana tno"gh nave
oven h""n ismpted 20 oroer my te,spnone
'H J nave never IeN " oonHass@nS WIN
ny DUTY 70 Do -.
May rem'nd you tnat anotber uoinp-
i''ll'r n thl- ctty some year. ago reaeneo
9 IKE determination5 He too declined
tudn a htll, oih OF IormeT Dlstrtct