New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-09-23
Swami and Judge Wad-
hams Displeased by Inter
borough Heads Move.
WITHIN HIS RIGHTS,
SAYS RAILWAY MAN
Sees No Improperly in
Urging Indictment of
Labor Leaders.

District Attorney Swami and Judge
Wadhams were displeased yesterday py
the action Of Theodore p. Shonts IN
urging the September grand jury to IN
dict labor leaders for conspiracy. Judge
Wadhams as soon as he had been IN
formed by the District Attorney OF MI.
Shonts's action, summoned the jurors
before him and emphatically Informed
them that the law provides who may
advise the grand jury.
NO one else" he said. as permitted
to interfere with your deliberations.
You may be advised by the court ana
by the District Attorney, and then only
when you request such advice.
Before you proceed further with
YOUR deliberations" he added, Il shall
instruct you further in this matter. APP
pear before me on Monday at IL
o'clock
District Attorney Swami was asked
last night whether the action OF Mr..
Shonts was Illegal. lie said he could
not answer the question until he nad
made a careful study of the commune
cation received by the grand jury.
81 can say, however" he added, "that
this matter will invaldate any action
that the grand jury may hereafter take
in regard to crime growing out OF strike
matters. From now on all such charges
must be taken up by the additional
grand jury"
Eighteen cases of alleged violence
have been presented by the District At
tornev. and six indictments have been
handed up to Judge Wadhams by the
regular grand jury.
Mr.. Shonts Replies.
Mr.. Shonts, when he learned Of Judge
Wadhams's criticism. said he believed
he was acting within his rights.
an sending my complaint against
certain labor leaders direct to members
Of the grand jury, | acted not as the
president Of the marlborough, out
merely as a private citizen" Mr.. Shonts
added. ~ feel that any citizen has the
right to inform the grand jury when ne
thinks he has knowledge that crime
has been committed | did nothing but
nv plain duty, and will not move fur
Their until have heard from the Dis
trict Attorney. | was advised in this
step by former Attorney General and
five ex-District Attorneys o! this and
other counties"
Legal opinions In the Criminal Courts
Building differed somewhat as TO Mr..
Shontss action. II was agreed that
where indictments have been returned
BY grand juries that received legal ad-
vice other than that given by. District
Attorneys or judges they have been DIS
missed. ~
One lawyer maintained that sending
communications TO the grand jury
comes under the head Of Section $40
defining "embracery," which makes it
misdemeanor for person to Influence
or attempt TO influence Improperly a
Juror in a civil or criminal action"
Proceedings against such persons. this
LAWYER said, would depend largely on
the construction placed on the propriety
Of the influence brought TO bear. No
one could recall that person was ever
charged with "embracery" for urging a
grand juror to indict person or for
attempting to advise the jurors as TO
the law in such cases.
Mitchell and Straus Criticised.
In a statement issued yesterday
morning Mr.. Shonts criticised Mayor
Mitchell and Oscar s. Straus for their
letter, which charged the lnterborough
had broken its verbal agreement, made
through Mr.. Hedley on August 80.
"These gentlemen, 1t seems to me,
went quite bit out of their way TO
hang a part of the blame for the strike
on the company officials" Mr.. Shonts
said. when Mr.. Hedley stated he as
sumed' the policy of the lnterborough
in settling its difficulty with its men
would be the same as that followed by
the New York Railways Company, he
made il clear that he had no authority
to make such a statement, and that his
view was wholly n matter of assump-
ton.
"The conditions existing between the
Interborough and its men were not the
same as those existing between the
trolley car company and its employees.
At the time Of Mr.. Hedley's statement
more than 5000 Interborough men had
signed individual working contracts.
In view of this, do not think the board
of directors would have countenanced
the same policy toward the union men
in the Interborough as it did where the
New York Railways was concerned.
with all due respect to the Mayor
and the Public Service Commission
chairman, think they are hanging the
blame, so far as the company is con-
cerned, on a mighty thin peg!"