New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-12-23
District Attorney Says Proposed
Deputyship Would Hardly Add
to Own Prominence.

Osborne was concerned, he thought II
would occur to reasonable persons that
one who has been unanimously re-
elected District Attorney OF New YORK
County would hardly be impelled 70
seek Official prominence by such a des-
ignation."
Mr.. Osborne. nettled and perpleXed
nv the controversy stirred up by Gov
ornor Glynn's denial Of his (Osborne's)
request for Whitmsns appointment, de-
clared yesterday afternoon that the
whole question of whether he or WHIT
man first suggested it was tempest
in a teapot" so far as either OF them
was concerned.
Mr.. Osborne's Explanation.
whoever suggested it," he said, 1T
was apparent that he was actuated by
q desire to detect and punish crime.
say that II Mr.. Whitman originated 1t
he ought 10 be proud Of the fact, and l
accented the suggestion with enthusi-
asm.
"As a matter Of fact, the thing Is I'M
important except for one reason.
went 10 Governor Glynn and found that
he had read in The Evening Post that
had gone 10 Whitman and asked MIN
to help me out. This wasn't true; so
told the Governor that the idea came
from Mr.. Whitman. At the time the
point OF law hadn't occurred TO me at
all
81 am considered facts lawyer. L
understand that the Attorney General
says that a District Attorney OF one
county cannot be appointed a general
deputy 10 try cases in some other
county; that such a course would 90
contrary 10 the spirit Of the constitu-
ton 10 permit one District Attorney TO
become the general law officer through
out the state"
District Attorney Whitman in reply
TO this point said last evening that ne
acted as special Deputy Attorney GEN
cral in 1905, when Governor Hughes
deslgI atrd him TO investigate alleged
election frauds in Clinton County.
Chapter =. Section ~ Of executive
law. governing the point at issue, con-
tains the following:
The Governor or Attorney General
may designate and employ such addi- |
tional attorneys or counsel as may be !
necessary to assist in the transaction !,
of any OF the legal business outlined in !
Section to Of this chapter" This sec |
ton outlines the general duties of the |
Attorney General.
Mr. Osborne consented readily enough |
to talk about his regard for Mr.. Whit |
man and his desire TO cooperate with |
him. When he was asked 10 60 into |
details regarding the conference he mad ,
with Governor Glynn relative TO the APP
pointment OF NJ. Whitman he wasn't |,
nearly az Jovial He said he couldn't |
go into that at all.
Soon after arriving at his office. No. |
10 Broadway, yesterday morning, Mr.. |
Osborne sent the following letter to |
Mr.. Whitman:
Letter to Mr.. Whitman.
My Dear Judge: II does seem TO me
that il was entirely unnecessary that
there should be an apparent conflict be-
tween us. The only difference seems 10
be as to who first thought of the idea
that YOU be made Deputy Attorney
General of the state of New York.
1T would give me the greatest pleas
ure to say that | took the initiative in
this matter IL could truthfully do so,
and the only reason why the matter
becomes OF importance TO me is because
! went to Governor Glynn and told him
that | came from you and that ii was
your idea. After it was made TO ap-
pear In the public press that the idea
was mine | was compelled to tell the
exact facts TO Governor Glynn.
1T seems TO me that the idea GOES
you so much credit that you ought 10
rush to welcome the opportunity to tell
the public that you originated II, and
that you wanted to be made DEPUTY
Attorney General not because you de-
sired more power but because you be-
lieved the ends OF public justice re-
quired IT,
The fact that you did suggest the
idea is so apparent TO the Governor
mat II is useless for us to have con-
hict about II. Firstly, you spoke to
certain officials who have communicate
ed with the Governor and stated to him
that you communicated with them: seq
Dndly, you made a request that Mr.
Rubino go TO see the Governor, and he
lid so. He stated 20 the Governor that
lie came at your request. Lastly. you
requested me to see the Governor, and
did so.
VIII you please let me hear from
'ou this afternoon, because II becomes
absolutely necessary for me to set the
public right about this matter. SIM
erely yours,
JAMES w. OSBORNE. !
"P. 81 would not care a hang ex-
ept that | told the Governor that /
anne from you. | would be only too
lad to father the idea"
Mr. whitp,an's Stat.~.nk