New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-05-16
JUDGE FOSTER HITS BACK
If Phone Be Graft, Make Most
of 1t, He Tells Controller.
FOR COURT MATTERS ALONE
Whitman Also Explains Why
City Phones for His Staff
Are a Necessity.

4 $@s ~ ~ NNScSoStoys
Judge Warren W. Foster, of General Ses-
sions, and District Attorney Whitman have
satisfied Controller Prendergast regarding
| the private telephones in their respective
| homes Incidentally the District Attorney
has made clear the necessity of telephone
In the home Of James Hammill, the stenog
rapher of his Office, who is required at
all hours of the day and night to take
ante-mortem statements of homicide VIC
tins or statements of persons accused of
such crimes, while the cases are fresh and
| before prisoners have opportunity TO manu-
facture evidence.
In his letter Mr.. Whitman goes into de-
tails of the reasons for his being in close
touch at ali times with his assistants the
Coroner's office and the Police Department,
and states that for his private purposes the
| telephone OF the Iroquois Hotel, in which
| he resides, is sufficient.
81 have no doubt that after a careful con-
sideration of this matter you will concur
with the decisions of the courts as to the
discretionary powers conferred on the Dis
trict Attorney in all matters pertaining to
the management of said Office is one
paragraph in the District Attorneys letter
to the Controller. He states that he has
! just read Judge Fosters letter with regard
to his telephone, and fully agrees with his
opinion in the matter
The opinion of Judge Foster is set forth
| in letter written to the Controller on May
II, and is as follows:
| l beg to acknowledge the receipt OF your
letter the coming of which was duly her
aided in the newspapers, asking: rs there
strong public reason why the city should
| pay for this ACKNOWLEDGEMENTS to the
telephone maintained at my lodgings.
unless SUCH reason exists YOU say.
conformity with determination which I
have reached, 1 shall refuse to audit the
bill for its maintenance" You further ex-
press the hope that will give this matter
attention and inform you regarding it, al
in advance your letter, made the state
Inent that District Attorney Whitman and
the writer with others had been caught in
the Controllers graft net"
phone 4 Personal Nuisance.
At the outset, permit me to say that
know OF no private reason whatever for
the maintenance of this telephone, which
is solely for public business and Conven-
fence. Far from being private conven-
ience, it is a personal nuisance.
That it is a public convenience will be
testified by many a poor fellow who has
teen spared a night in Jail because of its
been summoned from my warm cot. whether
wanted TO or not, only to SILVER at the
telephone as I received word that some
unfortunate under arrest would give bail
if I would accept it.
I have no family to avail of this tele-
phone (whose cost to the city, l see, Is
stated in the newspapers to be $50 per an
numD, and without it 1 can live a life of
nocturnal ease and quietude.
This telephone has been maintained by
the city upward of ten years. I did not
ask for it originally. 1t was installed and
publicly listed under my name as public
convenience about the time that / went
upon the bench, and I accepted it as one
of the obligations of my office, whose
duties, conceive, do not end with the go
The Court of General Sessions is the old
est criminal court in America. 1t is the
court for the trial of felonies. It's judges
are magistrates and, with those of the
Supreme Court, alone have the power to
admit to bail after indictment Gnter alia).
1t follows that the Judges Of this court are
frequently called 11pon to issue bench war
| rants orders for arrest and to admit to
bail those so unfortunate as to be indicted,
thus effecting the speedy arrest of those
charged with crime and ameliorating the
condition of those under arrest and pre-
sumably innocent
In a criminal court the practice OF receiv-
ing a sealed verdict does not obtain. A
Judge must be in court to receive verdict
or to discharge a jury.
In the long and complicated criminal
trials which often occupy our time it is
to the public interest and economy that the
judge presiding be, waking or sleeping, in
touch with the courthouse and jury and
District Attorneys Office, and how can this
be done If not by telephone?
For upward of ten years now all of your
predecessors have regarded it proper pub
tic convenience and have audited its
charge without question.
His Duty to Keep II, He Says.
When you assumed office it was suggest
ed by we'll Informed friends that have my
telephone removed, as you contemplated
making a stir over the telephone and 10y
wagon service maintained at public cost
but IT seemed TO me that a judicial officer
should be willing to respond to his duty
whenever called, and though I have often
been tempted to order my telephone out I
have never felt it consistent with my duty
to do SO.
May remind you that another Controller
OF this city some years ago reached a like
determination" He, too, declined to audit
a bill-a bill of a former District Attorney
tom which regarded the District Attor-
ney as without conscience, and measured
judicial methods and discretion by the dol
lars and cents yardstck. This determine
court pointed out both its absurdity and
illegality. See The People ex rel McLen-
nan (Jerome) agt. Grout, IS NJ Y Miscel-
laneous Reports, Isl.
/ commend this case, dear Mr. Controller
to your careful study. From it you may
CLEAN something OF value as to the powers
and duties of your Office, and especially
that whether a house telephone is a ne
the Judge or District Attorney to deter
mine while the rnoderateness Of the charge
therefor alone is to be passed upon by the
Controller.
'''Tis sweet to hear the watchdog's hon
est bark" and thank you for your kindly
note of warning duly heralded in advance
as aforesaid). You NAV take my telephone
out or you may leave it. but If the willing
ness Of q public servant to respond at any
time, day or night, to public call to duty
can be even remotely associated with
graft, then have only to say: ''If this be
graft, make the most OF it,