New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-12-22


III Mr. Whitman's purpose Is 10 en-
plot himself politically his request
sbould be treated as it deserves. III
Mr. Whitman believes himself the only
cansble and trustworthy District AL
torney in the state ii accounts for the
affront which his request Levels at an
the other district attorneys In the state
7 shall not he q party TO Mr.. WHIT
mans patriotism, as he may view IL;
nor TO his political policy as view H..
The people of New York County
elected MIR. Whitman to perform the
duties of District Attorney in that
county. They pay him for serving
them. They did not elect him, and
they had no power 10 elect him, DIS
trict Attorney OF the state. The people
Of the remaining counties Of the state
have elected their own district attor-
neys. They have not asked Mr.. WHIT
man TO supersede or displace their
chosen prosecuting officers. IL would
he an affront 10 them, as well as TO
their district attorneys, il should as
sumo the power 10 appoint, and should
appoint Mr.. Whitman TO conduct their
county criminal business. or such parts
of it as he may desire. II would be an
Injustice to them were | TO place MI
Whitman in a position TO impose upon
them the expenses of such investiga-
tions and prosecutions as he might he
pleased TO incur.
Stands for Home Rule.
The conduct Of the criminal bust
ness i'm the upstate counties does not
entail the enormous expense OF the Ike
business conducted in New YORK
County. The upstate counties have the
right to demand that expenditure of
their moneys in criminal proceedings
in their counties shall be made by oili-
GERS chosen by them and answerable TO
them at the polls for eXtravagant, I'M
iustifiablc or unwise expenditures.
This is an essential principle of home
rule
L am not convinced that Mr.. Whit
man has stated his real purpose in
making a request which he knew L
could not grant Surely he has enough
business in untried indictments in his
own county 10 engage every moment OF
his time. There his duty lies, how
ever wide a field his ambition may
roam.
The district attorneys of the other
counties owe their duties TO their con-
stitucnts. and no complaint has come
to me Of any unwillingness or lack of
ability upon their part TO discharge
those duties. l am not disposed to set
aside the regularly constituted authorl-
ties for the punishment Of criminals In
the Other ffty-nine counties of the
state simply because the District At
torney Of one county requests il in or
der that he may, at his discretion, sup
plant them.
- am frank TO say that | look with
marked distrust upon this request, be-
cause Mr.. whitman has the reputation
OF being competent lawyer. AS such
he must know that the Governor has
no power to grant his request. II
would be absurd to excuse Mr. Whit
man upon the theory Of gross igno-
rance OF our form Of government and
Of our laws. which make the granting
If his request impossible under any
and all circumstances.
Sees an Ulterior Purpose.
Therefore. with the knowledge that
nc must be presumed to have, that the
Governor is absolutely without power
10 make the appointment which he re-
quests for himself, it logically and
necessarily follows that Mr.. Whitman
has made the request for some Interior
purpose and without any expectation
that il would or could be granted. In
deed. unless logic and reason and law
are wholly disregarded, Mr.. Whitman
made his request in the full knowledge
that the Governor must refuse II.
Then. why did he make the request?
II am provoked that in so important
4 matter As the administration OF GRIM
mai law IN this state the District At
;orney of the greatest county in the
state should attempt 10 make the au-
thority of the Governor Of the state a
byword for the purpose OF personal ex-
ploitation, political or otherwise. II
Mr.. Whitman thinks that playing poll
Tics in this way will embarrass me he
has reckoncd without his host ] am
rot playing politics. am conscien-
tiously performing my duty. / have no
personal ambitions to serve, no poliu-
cal candidacy to advance. l have been
lair 20 Mr. Whitman. l will require
him TO be fair with me.
Clearly, absolutely, Enthusiastically,
the Governor has not the power TO do
as Mr. Whitman requests. The status
of district attorneys is fixed by the
constitution, as we have seen. The
mower of the Governor TO interfere with
district attorneys is limited by statute,
as have stated. 1t is Uncomfortable
that any lawyer, much less lawyer OF
Mr.. Whitman's experience, should in
The least misapprehend or misunder-
,tand these plain provisions Of the leg
is,atlon and Of the executive law. They
are so clear that they admit Of not the
Ieast doubt. Mr. Whitman has there