New-York tribune., 1913-12-24
GOVERNOR GLYNN'S OUIBBLE
His Denial of Power to Appoint MIR.
Whitman Is Refuted.

To the Editor OF The Tribune.
Sir. / have read with much interest
Governor Glynn's attack on Judge Whit
man in your columns OF December %
Charges have been made upon the pub
lie platform and In the public press Of
statewide graft with respect TO canal and
state road contracts. From the very nat
ure OF the crimes alleged to have been
committed they cannot successfully be
prosecuted in any one county
Governor Glynn is patiently fallacious.
His proposition Is that he has no power
TO appoint Judge Whitman as Deputy
Attorney General 10 conduct this york,
that. having no such power. Judge Whit
man. being a lawyer should know that;
that, knowing that. his request Tor this
appointment assuming IL 10 have been
made. is based upon improper motives ard
a desire TO make political capital for him
self
The Governor refers 10 Section 81 OF the
executive law as authority for his state
ment that he has not the power 10 make
such appointment.
So much as Is material in that section
reads:
The Attorney General shall o.. when
ever required by the Governor. attend in
person or by one OF his deputies any
term of the Supreme Court or before the
grand Jury thereof for the purpose Of
managing and conducting in such court
or before such jury such criminal ac-
tons or proceedings as shall be specified
In such requirement. I'm which case the
Attorney General OF his deputy, so at
tending. shall exercise all the powers and
perform all the duties I'm respect 10 such
actions or proceedings which the District
Attorney would otherwise be authorized
or required to exercise or perform;
From this language the Governor CON
cludes that his power lis limited 10 re-
quire the Attorney General, or one OF
his deputies. to manage and conduct a
specific criminal action or proceeding
Although our interesting Governor APP
pears unaware Of the number OF counties
in his own state. We believe that he
should understand the difference between
singlar and plural. The statute does not
refer 10 one action or one specific proceed
ing: it says criminal actions or proceed
ings."
No theory Of statutory construction sup
ports the technical and quibbling inter-
probation which our Governor places upon
this section. II is patent that the Gov
ernor seeks the narrowest possible con-
struction OF the broad language OF this
section, although he cites no precedent
,..,.
K IL clear to lawyers that Governor
Glynn's quibbling. narrow and unfoundcd
Interpretation OF broad statute Is pat
emily wrong.
What. we ask. were the motives that
inspired IT. and where then. is the poll
ties? Who is the politician who is seek
ing to make political capital? We are
glad. however, that the Governor has
spoken, as we now know where To find
him.
II To do ones duty with visor, enthu-
siasm and courage is TO play politics,
Judge Whitman is a consummate poliu-
clan We of New York County know
what he has done. Those who are in
terested I'm cleaning up the unspeakable
conditions OF the State OF New York de-
sire that he might do the same thing
throughout the state. Why Is Governor
Glynn so opposed to this?
LLOYD PAUL STRIKER.
No. q William St. New York. Dec. q.
1914