New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-01-19
CARM0DY SAYS HE
CAN'T START PROBE
POWerIess TO Act Unless
Governor Orders. Holds
Attorney General.
INITIATIVE VESTED IN
DISTRICT ATTORNEYS
Attempts TO Supersede Them De-
clared Almost Always to
End in Failure.

Albany. Jan. lS-The investigation OF
charges OF crime against state officials
and employees rests primarily and prop
crly with the District Attorney I'm whose
jurisdiction the crime is claimed 20 have
been committed declares Attorney Cen
eral Carmody in his annual report 70
the Legislature.
During the last year, says Mr. Car
mody charges have been frequently
made involving extravaganza inericiency
and corruption against certain officers
ard employees OF the Highway and Prisons
departments OF the state. In some quar-
tiers the idea seems 10 exist that II is the
duty of the Attorney General TO investi-
gate and prosecute charges Of this char
acter OF his own voliton and IN disre-
gard OF the legal machinery established
by OR government FOR the investigation
and punishment of crime
II think it proper that / cali the atten-
tion OF the Legislature and thereby 10
the Various district attorneys OF the state
and To the public generally. that charges
OF crime against state officials and en-
ployts require precisely the same treat
ment as charges Of crime against other
individuals The Investigation OF such
charges rests primarily and properly with
the District Attorney In whose jurisdlc-
ton the crime is claimed 10 have been
committed
The duties Of the Attorney Gene.al in
this respect are defined toy Section 81 Of
the executive law According to the pro
visions Of that act. he must investigate
such crimes and in such counties as he
is ordered 10 DO by the Governor. and for
that purpose attend the term OF any grand
jury that may properly investigate such
crime and any court for the trial Of any
indictment that may be found. This Is
the only power the Attorney General has.
He has no power. and should have nOne
20 superSede Of his own volition the Dis
trict Attorney OF any county in the in
vestigauon OF crime. and the proper ad-
minstration Of the law requires that
this power Of the Governor be exercised
only when there is reason 10 believe that
the District Attorney cannot properly in
vestisate OF is incompetent or disqualified
10 investigate the alleged crime.
The experience in this state since this
provision Of the executive law was adopt
ed is 10 the effect that failure almost
universally follows where the Attorney
General supersedes the District Attorney
in the investigation OF crime. Such a
proceeding usually brings about a con-
tinuous hostility and constant conflict
between the Attorney General and the
District Attorney, which almost invari-
ably results in the failure Of justice and
in benefit TO the person accused
During the past year. at the request
OF Governor S4lzer ] designated Peter
B. Smith Of Brooklyn. Special Deputy
Attorney General 10 assist District Attor-
nev Gagan Of Rockland County. In the
investigation Of highway frauds. Mr..
Smith was instructed 10 assist and not
supersede the District Attorney. He spent
much time during the summer in assist
ing the District Attorney. who, imme-
diately upon the matter being brought TO
his attention. took up a thorough inves-
tlgaticn Of the charge.
Mr. Carmody then reviews the results
accomplished in Rockland County, includ-