New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-04-23
Iudcc Says He Cannot Be
lieyc Mitchell Ordered
Wire Tapping.
uIINDREDS OF NOTES
ASK INVESTIGATION
p,osceutor Believes Inquiry OF
Father Farrcll's Charges viii
Go On in Day or Two.

.ir,eon into the tapping OF me 'e'o
=. wires leading 20 the homes oil
-. Rev William 3. Farrell, Dr. Daniel
po.,,r and Dr. Pottcr's son. Dean
p,.,e, would he resumed in day
OF two
r Ny. Swami decides to abandon the I
..~~.irstiou. County Judge John r.
uv,sn. o. Brooklyn. announced that II
-, law permitted he was ready to SIT
-, a. investigating magistrate at the
-,,n,s, o. Father Farrell and the Pot
-. Judge Hylan also said that the
..,r,ns o. the wires Was violation OF
Tsllev 10 Push Inquiry.
Alfred :. Tslley. counsel for Father
r,--.,l said thst he believed the public
800 for Through investigation
.,r,s.ea through hundreds Of letters
VI Sr,nn. would prevent an aban-
so,mer, OF the inquiry, but II 1t was
.h,,do,sd he would accept Judge Hy-
lsn's oFor.
Judge Hvlar's statement Gloved with
;,iirnstion. He said he did not believe
v,vor Mitchell ordered the wire tap
,inc bu, Il such was the case the
,i,v's Executive was guilty "of con
.,rr.;ble act" which violated the Penal
Code.
n. Judge recently demanded that
Dis,ric. Attorney Cropsey produce the
records OF the grand jury in a case
involving men indicted on Information
obtained hy the police by means of the
secret service" switchboards and tap
ping wires.
The police violated the penal law
+ they wilfully tapped the telephone
wires in question" Judge Hylan said.
The telephone company violated the
penal law II they permitted the "iliui
tapping OF telephone wires.
the only instance OF privilege the
police have 10 secure information D!
ielerbone or telegraph, or for the com
psny TO allow IT. IS given IN Secuon
s5s Of the Penal Code. This section
5oes no. rive tho police the right 70
,sp a wire. II only allows the company
on cmnlo1c 10 give them the informa-
Ion d tho law Is being violated or I'M
awful business is being carried on.
Sees Attack on Liberty.
when a man cannot talk over the
.eicphone with his wife, or the clergy
mr. Who attends 10 his spiritual needs,
his physician. his lawyer, or others
without being spied upon, and the PR
vscv Of his home invaded. then there
is an end 70 personal liberty and or
Derby government.
"District Attorney Swami cannot
eysde his duty. lie should put an end
20 the attempt 20 Russianize New York
City BIZ allowing a spy system by Off
eisl, 10 exist. Governor Whitman
must do his duty. II these officials will
not perform their duty TO the public,
Judge NAV be found who will SIT as
magistrate 20 determine whether a
crime has been committed and 70 de-
isrmne who committed it.
When Judge Hylsn's statement wal
called 70 the attention Of Father far-
rel he said that u reflected the re-
sentiment o. the public against the IN
vssion ~ the privacy Of the home BY
;he police or city authorities on the
slightest pretext. He refused 20 make
further comment and referred inqulr-
eTs 70 hi lawyer.
while Judge Hylan's letter is deep
ly appreciated" Mr.. Talley said, Il
would hesitate 10 take advantage or II
a. this time. District Attorney swami
row has the matter under lnvestiga-
ion. ] have requested a New iorh
County Grand jury investigation OF ths
entire matter
The present status Of the case rs
his: The stolen conversations are III
ne hands OF COMM sioner Strong. lie
is holding them until such time as he
decides 20 make them part Of the rec
ord o. the investigation or 10 reject
hem.
No Halt in Case.
81 will wait a reasonable time two
or three days-to allow Commissioner
strong 10 arrive al his determination,
u by that time ] have heard nothing
will insist upon the pressing or the
District Attorneys investigation. which
will mean grand Jury investigation.
IN the event OF the inquiry being
abandoned by the District Attorney
will Immediately 60 before Judge hyian
ma proceeding the nature OF when
hss not been decided. and ask his CO
operation 20 bring the entire matter 10
me attention Of the public.
However. ] do not contemplate any
abandonment % the investigation"
From his home, in Park Ridge, DIS
iriet Attorney Swami said that at pres
en-, the case is in the suspended PERIOD
u expect a call from Mr.. Talley IN
day or two, and II he again makes re-
Guest for sn investigation II VIII De
Immediately granted. We will take II
up where we suspended three or four
days ago This does not mean that
there will be grand jury investiga
ton. That will come only II IT - found
hat the evidence found warrants IT.
Under n two-column box. containing
only question mark, THE Tablet
Official Catholic organ Of the Brooklyn
Diocese. charges Charities Commission
er John a. Kingsbury with responsible,
ny for tapping the telephone wires OF
Father William b. Farrell. DR.. Daniei
T. Potter and Or. Potter's son, Dean
Potter.
Bishop Mcdonnell Represented.
he article, which is an editorial
printed in the news columns, IS &C
ct.tcd as tho statement which was 20